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Haiti - FLASH : Verdict of BCED in favor of Sophia Martelly 01/05/2015 12:06:27
The tribunal of BCED composed of Wally Désence (Président), of Me Merlan Bélabre and of Me Mario Delcy,declared unfounded the challenges produced by the Dr Louis Gérald Gilles of Fanmi Lavalas, Marie-Denise Claude, Me Tranquilor Mathieu (Unité Patriotique) and the platform JUSTIS, and thereby rejected them. Recall that the challengers claimed in their complaints, that Sophia Martelly held dual nationality US and Haitian and, that as President of the National Commission against hunger and malnutrition, which had at its disposal a budget of over $234 million from the PetroCaribe program funds, whe should present the certificate of discharge required for accounting of public funds. The BCED in its sentencing, said that the challengers did not present any tangible proof of US citizenship of the wife of the Head of State or her management of public funds. By cons, lawyers who ensured the defense Sophia Martelly (Me Grégory Mayard Paul, the Special Adviser to the Head of State, Me Napoléon Lauture and Me Patrick Laurent), filed documents proving the falsity of the accusations. Regarding dual citizenship they filed a certificate of renunciation of the latter to US citizenship acquired at birth, which acquired at birth, which was issued by the US Embassy in Haiti, dated March 31, 2014 https://www.haitilibre.com/en/news-13727-haiti-news-electoral-zapping.html Regarding the accusation of handling public funds, they filed a certificate produced by the Ministry of Economy and Finance, which shows that the president's wife never has managed state funds and that no specimen of her signature has been identified on a document. Based on the evidence and other laws, the electoral court says in conclusion, that Sophia Martelly is only Haitian and has never been handling public funds and can not obtain discharge. Consequently, the BCED request to the Provisional Electoral Council to maintain the candidacy of Ms. Martelly registered in BED Ouest 1. Note that the challengers could, if defense lawyers wants it be prosecuted under article 105 of the electoral decree which states that "Any voter may, by evidence, under pain of being sued for misrepresentation, defamation and false testimony, contest a declaration of candidacy for elective office made at place of residence if it is established that the candidate does not meet all the requirements of this Decree." HL/ HaitiLibre
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