Court orders MP Ardwell Irion to retract comments about attorney Jairo Bloem

Court orders MP Ardwell Irion to retract comments about attorney Jairo Bloem
~ Judge rules remarks ‘unnecessarily disparaging’ ~
PHILIPSBURG--The Court of First Instance has ordered National Alliance (NA) Member of Parliament Ardwell Irion to publicly correct statements he made about attorney Jairo Bloem in connection with Bloem’s proposed appointment as Chairman of the Supervisory Board of the Central Bank of Curaçao and St. Maarten (CBCS).
  In a detailed judgment delivered on Thursday, the Court ruled that while Irion was entitled to express opinions and criticize government procedures, some of his remarks in a September 30 article on the digital news provider The People’s Tribune went beyond acceptable limits and damaged Bloem’s personal reputation.
  The dispute arose after reports that Bloem had been approached by Minister of Finance Marinka Gumbs to consider the post of chairman of the CBCS Supervisory Board — a prestigious and politically sensitive position responsible for overseeing the Central Bank that serves both Curaçao and St. Maarten.
  Once news of Bloem’s candidacy became public, it quickly generated political debate and commentary in both the media and Parliament. Critics questioned the transparency of the nomination process and alleged that the government had sidestepped standard procedures.
  Bloem, a well-known attorney and former advisor to the public utility company NV GEBE, responded to the criticism in a radio interview on The Breakfast Lounge with host Lady Grace. In that interview, he defended his candidacy and criticized what he saw as politically motivated attacks.
  Irion, former Minister of Finance and now a Member of Parliament for the opposition, later gave interviews on radio and to The People’s Tribune, where he sharply criticized the process and raised questions about Bloem’s past work.
Troubling track record’
In the People’s Tribune interview, Irion was quoted describing a “troubling track record,” referring to Bloem’s legal firm’s involvement with GEBE and suggesting that internal company documents had raised concerns over allegedly excessive invoices.
  He also claimed that Bloem had personally visited his office “with a savior attitude,” insisting that only he could “save the Central Bank” and that such behaviour showed “desperation” and “self-promotion.”
  Bloem, through his attorney Mr. Lysandra Peterson, took the matter to court, arguing that these statements were false, damaging, and amounted to defamation. He requested that Irion be ordered to publish a rectification and refrain from making further statements of a similar nature.
Unjustified personal attack
In its 15-page ruling, the Court carefully reviewed the contested statements, distinguishing between factual assertions and value judgments — a standard approach in freedom of expression cases.
  The Court accepted that parts of Irion’s statements regarding Bloem’s legal work for GEBE were supported by documentation, including an internal memorandum from March 2021 that described the legal fees as “exorbitant”. However, the judge emphasized that Irion’s broader remarks about Bloem’s motives and character were unsubstantiated and needlessly offensive.
  “Even if Mr. Bloem presented himself as a capable candidate for the position, it was inappropriate for Mr. Irion to depict him as ‘desperate’ or solely motivated by self-promotion,” the Court stated. “Such language goes beyond political or procedural criticism and unfairly targets the individual.”
  The Court noted that members of Parliament must be able to criticize government actions but also bear a responsibility to do so “with accuracy, fairness, and respect for personal reputation.”
  “Public attacks on individuals do not form part of the core duties of a parliamentarian,” the Court added. “Mr. Irion should have exercised greater restraint in his public comments about Mr. Bloem.”
 
Rectification ordered
As a result, the Court partially upheld Bloem’s claim and ordered Irion to publish a rectification within 48 hours on the The People’s Tribune page — the same outlet in which the original comments appeared.
  The statement, to be published under Irion’s name, must clarify that he wrongly stated that Bloem admitted to submitting excessive legal invoices to GEBE and wrongly portrayed him as a desperate, self-promoting candidate for the Central Bank position.
  If Irion fails to publish the rectification, he will incur a penalty of US $ 1,000 per day, up to a maximum of US $ 50,000.
  The Court also ordered Irion to pay legal costs of Cg 1,699.50 for the main proceedings, plus additional enforcement costs and statutory interest.
 
Counterclaim dismissed
Irion’s lawyer Zylena Bary had filed a counterclaim alleging that Bloem, during his radio interview on September 29, falsely implied that Irion had bypassed legal nomination procedures for the CBCS Supervisory Board while serving as Minister of Finance in 2021.
  The Court found no basis for that allegation, ruling that Bloem’s comments were not inaccurate and did not personally attack Irion. “The statements merely reflected that no candidate had been nominated during Mr. Irion’s tenure,” the Court noted. “They do not suggest that he ignored or violated legal procedures.”
  The counterclaim was therefore dismissed, and Irion was ordered to pay an additional Cg 1,000 in legal costs for that portion of the case.
  The Court closed the ruling by emphasizing that trust and integrity are essential qualities for positions like the CBCS chairmanship, and that unverified accusations can unjustly damage reputations.
  “Public confidence in financial institutions depends not only on proper procedures but also on respect for those considered for leadership roles,” the Court concluded.
  The judgment is immediately enforceable, meaning Irion must comply with the rectification order without delay.
The Daily Herald

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