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Published On: Sun, Sep 29th, 2019

Lynch wins case outright against housing foundation

Henry Lynch - Cindy Marica

~ Happy to be moving on with life ~

PHILIPBURG — Former Managing Director of the St. Maarten Housing Development Foundation (SMHDF) Henry Lynch on September 27, 2019, was finally able to close a challenging chapter in his life when the SMHDF failed in its appeal regarding his dismissal as Director of the foundation.

Officially dismissed from the SMHDF on February 4, 2015, Lynch, represented by attorney Cindy Marica, eventually won damages against the SMHDF when the Court of First Instance on June 1, 2016, declared his dismissal unlawful and ordered SMHDF to pay damages to Lynch. This verdict was eventually appealed by the SMHDF.

Lynch was fighting claims made against him by the SMHDF ranging from fraud to failure TO adhere to operational structures and procedures of the housing foundation, nepotism, embezzlement and financial mismanagement. In total, the SMHDF filed some 10 wide-ranging points of complaints against Lynch.

The verdict on September 27, 2019, not only re-affirmed the unlawful dismissal and the fact that there were insufficient grounds that allowed the SMHDF to do so, but dismissed SMHDF claim to have damages amounts to Lynch reduced partially or entirely.

The court also stressed that SMHDF did not present enough evidence or properly substantiated such to support their claims against Lynch. In other instances SMHDF claims, according to the court, left too much room for doubt while actions by the board of SMHDF were unclear and/or processes not followed correctly.

The court dismissed the appeal of the SMHDF and ordered SMHDF to pay the costs of the appeal process with accumulated interest in the amount of Naf 250,000.

Lynch said he is happy that the ordeal is finally over so that he can move on with life without a dark cloud hanging over him. He thanked his attorney Cindy Marica for her diligent work on the case.

“The last five years have not at all been easy. These things affect your family, your business, your peace of mind. It is emotionally draining. I want to wish God speed to anyone going through a legal battle. I needed the Lord’s guidance every step of the way,” Lynch said.

Henry Lynch & Cindy Marica

Photo caption: Henry Lynch with his attorney Cindy Marica.