Friday at the Royal Oasis hotel, the former Prime Minister Laurent Lamothe accompanied by his lawyers gave a press conference with the aim to denounce abuses and injustices reflected in the judgment of the Departmental Electoral Office of Litigation (BCED) concerning the rejection of his candidacy for the Presidency. https://www.haitilibre.com/en/news-14081-haiti-flash-rejection-of-the-candidacy-of-laurent-lamothe.html
On this occasion Me Michel Brunache made the presentation of a 22-page document presenting the contradictions in decisions, document "Same court, same causes of challenges, same challengers. Obvious contradictions in the decisions" In this 22-page document that we invite you to read https://www.haitilibre.com/docs/argumentairebced2015-06-05-2-150605173508-lva1-app6891.pdf in page 2, you will find a copy of the decision of BCED Ouerst 1 for the candiday of or Laurent Lamothe explaining that the Ordinance of the judge of referee can not replace the discharge of the parliamentary assemblies and the need in the case of the former Prime Minister, to obtain a discharge.
Follows is a set of 5 contradictions and a conclusion made by Laurent Lamothe lawyers that of decisions with obvious contradictions of the same court are 2 weight 2 measures. They make a comparison of decisions between the challenges against Laurent Salvador Lamothe and Josefa Raymond Gauthier where BCED for the same challenges, consider for one that it welcomes favorably the challenges while for the other challenge is dismissed and the application is accepted; in the case of Josefa Raymond Gauthier it is appropriate for the Electoral Court to apply in full in all its form and content, these ordinances [lack of discharge] while in the case of Laurent Lamothe, this is not accepted by BCED, neither the theory of impossible formalities [impossibility by parliament to provide a discharge] https://www.haitilibre.com/en/news-14098-haiti-elections-a-real-threat-to-democracy-dixit-laurent-lamothe.html
t is not without interest to mention that in the Electoral Decree-Law https://www.haitilibre.com/docs/decretelectoral2015.pdf , the only compass followed by the CEP, according to Pierre Opont its President, it is stipulated in Article 36, paragraph f) "Having been relieved of his management in case of handling public funds (comptable de deniers publics);". Note that a decree establishing the general regulations of the Public Accounting dated February 16, 2005 https://www.haitilibre.com/docs/Arrete-portant-reglement-general-de-la-Comptabilite-Publique-16-fev-2015.pdf , published in the journal Le Moniteur No. No. 38 of 19 May 2005, pp. it is stipulated in Article 13 "The execution of operations of the state budget and other public bodies involve two types of agents: firstly, the authorizing officers the other hand, accountants. The authorizing officer and those of accounting functions are incompatible." This decree specifies in Articles 14 to 22 what is an officer and in Articles 23 to 45, what a handling public funds (comptable des deniers publics). In reading this text it is clear that the former Prime Minister, Laurent Lamothe, like all the ministers including the Minister of Finance, are authorizing officers of public funds, but not the accounting of public funds...
