Marie Margareth Fortuné, the Director General of the Haitian State Lottery (LEH) was convoved by Me Ocnam Clamé Dameus, the Government Commissioner to the Court of First Instance of PAP, to explain on denunciations and allegations of presumptions of corruption, carried against her by supposed agents of her institution.

She describes Dameus's readiness to act as a "political maneuver whose purpose remains unacknowledged" and does not intend to appear at this convening. In a letter dated Friday, September 21, Margareth Fortuné explains precisely the legal reasons to the Commissioner of the Government.

It reminds him first of all that in the Decree of 23 November 2005 establishing the Organization and Functioning of the Superior Court of Audit and Administrative Disputes, Article 19 stipulating "The decision commits the financial responsibility of the accounting of law or of fact by noting malpractices, embezzlements, thefts or accusations or by reporting acts prejudicial to the Public Treasury or to the financial interests of the Territorial Communities or the Autonomous Organizations takes the title of Debt Stop (Arrêt de Débet)."

More specifically, in the situation which concerns her,sheemphasizes that Article 20.2 stipulates "In the case of Public Accountants de jure or de facto, the Débet Judgment, accompanied by the appropriate documents, shall be communicated without delay to the competent Commissioner of the Government of the Civil Court and / or to the Investigating Judge of the Criminal Court, for the consequences that the case requires."

She also reminds and stresses to Commissioner Dameus that Article 90 of the Code of Criminal Investigation provides "Will be punished by the dismissal, all officers of the Judicial Police of the Public Ministry, all judges who provoked, gave or signed a judgment, an order or a mandate, tending to the personal pursuit or accusation, of a great official, without the the authorization of the Head of State, either of a member of the Legislative Body, against the provisions of the Constitution, or who, except in cases of flagrante delicto or public clamor, will have, without such authorization, or against such provisions given or signed the order or warrant to seize, or arrest one or more senior officials, or members of the Legislature."

Adding that in this context, "it would be up to the CSC/CA to audit my management and according to its conclusions it would send the file to the criminal justice for the follow-up deemed useful. I therefore consider the intervention of the Office of the Prosecutor at this very untimely and premature stage because it violates all the laws cited."

Your eagerness to act is akin to a vast political maneuver whose purpose remains unacknowledged especially since the letter of convocation that was sent to me was on the "headline" of social networks even though it had not yet reached my destination.

[...] in accordance with the law, Mr the Commissioner, the Director General of the State Lottery of Haiti demands, on the one hand, of these 'alleged employees' of the LEH their identification and obliges them, on the other hand, to strictly respect the principles of absolute public order provided for by the decree on the organization and functioning of the CSC/CA and the Haitian Penal Code concerning senior officials of the State [...]"

See also :

https://www.haitilibre.com/en/news-25533-haiti-justice-the-war-continues-between-the-state-lottery-and-the-antb.html

https://www.haitilibre.com/en/news-25520-haiti-justice-the-antb-in-jeremie-loses-in-its-legal-action-against-the-state-lottery.html

https://www.haitilibre.com/en/news-25520-haiti-justice-the-antb-in-jeremie-loses-in-its-legal-action-against-the-state-lottery.html

https://www.haitilibre.com/en/news-25278-haiti-justice-illegal-games-arrests-of-haitians-and-dominicans-in-delmas-65.html

https://www.icihaiti.com/en/news-24650-icihaiti-security-margareth-fortune-of-the-leh-threatened-with-death-will-not-give-up.html

https://www.icihaiti.com/en/news-23378-icihaiti-notice-illegal-use-of-the-logo-of-the-national-lottery-of-haiti.html

https://www.haitilibre.com/en/news-23279-haiti-economy-lottery-of-the-haitian-state-between-pressures-and-open-conflict.html

https://www.haitilibre.com/en/news-18149-haiti-social-the-borlettes-refuse-to-respect-the-rules-of-the-game.html

HL/ HaitiLibre