Court orders liens on SMHDF accounts lifted

May 28, 2016

PHILIPSBURG–The Court of First Instance on Thursday ordered the liens placed on bank accounts of St. Maarten Housing Development Foundation (SMHDF) by two of its former employees to be lifted.

The liens on SMHDF’s bank accounts with FirstCaribbean International Bank were placed on April 6, by former Financial Controller Emilio Kalmera and former Executive Assistant Miurica Williams after SMHDF had lost its appeals against the order of the Court of First Instance of July 3, 2015, to pay damages.
Kalmera and Williams were suspended without pay by SMHDF’s Supervisory Board as per December 12, 2014.
In the appeal proceedings, SMHDF had challenged the lesser Court’s decision to terminate the labour contracts with Kalmera and Williams and to award damages, based on the Civil Code.
In both instances, however, the Courts found it proven that the Housing Foundation had been in default, and ordered it to pay damages to the tune of NAf. 56,268 to Kalmera and NAf. 45,400 to Williams.
In the meantime, SMHDF has filed a final appeal with the High Court in The Hague, and successfully claimed for the liens to be lifted, pending the outcome of the appeal.
Kalmera was appointed as the Foundation’s financial controller as per August 1, 2012, on a three-year contract, which expired on July 31, 2015. Williams has been working as a secretary since 2004, and on a permanent basis from 2006.
Both were suspended on allegations of “fraud, embezzlement, violation of human-resource procedures, forgery of documents and deliberate mismanagement of funds and assets of SMHDF.” Their cases were related to Managing Director Henry Lynch, who was also dismissed.