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Haiti - Justice : The case of former senators against the Head of State postponed
30/01/2020 08:52:25

Haiti - Justice : The case of former senators against the Head of State postponed
The action brought by several former senators (Jean Renel Sénatus, Youri Latortue, Dieupie Chérubin and Jean Marie Junior Salomon), against President Jovenel Moïse and his Counselor Jude Charles Faustin, accused of abuse of function and of authority against the public thing for having decided to shorten the expiration of the terms of the senators of the second third https://www.haitilibre.com/en/news-29760-haiti-flash-the-senators-react.html , started at the beginning of the week at the Palace of Justice by the explanatory memorandum of the parties and the Public Prosecutor.

Me Raynold Georges and Me Osner Févry defense lawyers representing the Head of State and his Advisers, appeared in place of their clients, claiming that according to the provisions of article 186 paragraph a) of the Constitution, the President is only liable before the High Court of Justice and asked Judge Benjamin responsible for hearing the case to declare himself incompetent.

The Public Prosecutor's Office, represented by Me Gabriel Ducarmel, agreed with the same view, saying that the President cannot be prosecuted for this offense except by the High Court of Justice (which has never been put in place).

The lawyers for the plaintiffs Me Jacquenet Oxilus, Me Champagne Cadichon, Me Thervil Pierrin and Me Lacs-Guvens Cadette, objected and raised the principle "ultra vires" (the act which requires legal authority but which is done without it) affirming that there can be no denial of justice if one of the provisions provided for by law has never been applied. Me Lacks-Guvens Cadette, for his part, believes that "The fact that the lawyers refer to the incompetence of the court constitutes a presumption of guilt."

After explaining the parties' reasons and the submissions of the Public Prosecutor, judge Benjamin Félismé decided to postpone the case to eight days.

To be continued...

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