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Haiti - FLASH : Property conflict between the State and SOGENER, the correctional court suspends the investigation and declares itself incompetent
18/02/2020 11:59:51
Monday at the courthouse, the Haitian State lawyers and those of SOGENER were at the Correctional Court to defend the interests of their clients in the state complaint against SOGENER.
The lawyers for SOGENER Me Monferrier Dorval, Stanley Gaston, Martine Chevalier among others, raised a preliminary ruling exception claiming that the Cummings engines and transformers on all three Varreux sites are the property of SOGENER, and recalled that before the trial there was no property dispute between the two parties on this equipment.
They asked Judge Benjamin Felismé to declare themselves incompetent to resolve this question which falls under civil law, administrative law or commercial law and asked to suspend this file pending the verdict of the competent court. The lawyers for SOGENER based their request for the conflict of property rights, on the judgment of the Court of Cassation in February 6, 1945 which is at the bottom of article 158 of the code of criminal investigation. Me Stanley Gaston, abundant in the same direction, pointed out the exception recalling that "The lawyer has stated that the correctional court has no jurisdiction over a property rights dispute."
For his part, Me Fritz Gérald Cérisier, responsible for defending the interests of the State in the file of energy supply contracts, referred to a judgment of December 16, 1947 on the preliminary motion concerning the right of property and affirmed that the judge Correctional can take whatever steps the law makes available to it to find the truth. He said the defense was dilatory and intended to delay legal action, and asked Judge Felismé to continue the hearing, hear witnesses, read the exhibits and take statements from the defendants.
However, judge Félismé Benjamin admitted, by virtue of Sogener's action of December 11, 2019, the right to property was raised. For the magistrate, the two parties claim their right over motors and transformers and declared themselves incompetent and suspended the investigation of the case, until the civil court established the ownership of the goods claimed by SOGENER and the Public Prosecutor.
Following the delivery of Judge Benjamin's decision, Me Osner H. Févry, one of the state’s lawyers, announced that he was going to appeal the decision.
Read the judicial Saga: State against SOGENER :
https://www.haitilibre.com/en/news-29517-haiti-flash-the-dcpj-tries-to-arrest-dimitri-vorbe-and-the-widow-of-president-preval.html
https://www.haitilibre.com/en/news-29432-haiti-flash-odette-roy-fombrun-102-years-old-takes-position-in-the-file-state-against-sogener.html
https://www.haitilibre.com/en/news-29423-haiti-flash-sogener-state-lawyers-demand-the-disqualification-of-all-judges-of-the-tpi-of-port-au-prince.html
https://www.haitilibre.com/en/news-29393-haiti-economy-the-amcham-haiti-worries-about-the-proportions-of-the-conflict-between-the-state-and-the-private-sector.html
https://www.haitilibre.com/en/news-29390-haiti-news-zapping.html
https://www.haitilibre.com/en/news-29389-haiti-flash-the-employer-sector-is-alarmed-by-the-arbitrary-and-illegal-methods-of-the-state.html
https://www.haitilibre.com/en/news-29381-haiti-flash-the-prosecutor-s-office-issues-warrants-to-bring-in-the-case-state-against-sogener.html
https://www.haitilibre.com/en/news-29374-haiti-news-zapping.html
https://www.haitilibre.com/en/news-29361-haiti-sogener-ultimate-invitation-of-the-office-of-public-prosecutor-to-jean-marie-vorbe.html
https://www.haitilibre.com/en/news-29336-haiti-flash-the-state-retakes-possession-of-the-power-plants-managed-by-the-sogener.html
https://www.haitilibre.com/en/news-29329-haiti-justice-the-sogener-did-not-appear-at-the-palace-of-justice.html
https://www.haitilibre.com/en/news-29269-haiti-state-against-sogener-the-public-prosecutor-launches-a-wave-of-invitations-for-hearings.html
https://www.haitilibre.com/en/news-29242-haiti-justice-the-haitian-state-complains-against-sogener-and-other-personalities.html
https://www.haitilibre.com/en/news-29202-haiti-saga-the-sogener-sends-a-summons-to-the-state.html
https://www.haitilibre.com/en/news-29198-haiti-news-zapping.html
https://www.haitilibre.com/en/news-29186-haiti-justice-the-state-asks-the-brh-to-suspend-the-letter-of-credit-in-favor-of-sogener.html
https://www.haitilibre.com/en/news-29168-haiti-justice-the-state-wants-to-recover-$123m-from-sogener.html
https://www.haitilibre.com/en/news-29135-haiti-energy-the-state-hires-several-cabinets-of-lawyers-to-defend-its-interests.html
https://www.haitilibre.com/en/news-29083-haiti-flash-the-state-suspends-all-payments-to-private-electricity-companies.html
https://www.haitilibre.com/en/news-29068-haiti-flash-jean-marie-vorbe-the-ceo-of-sogener-counter-attack.html
https://www.haitilibre.com/en/news-29064-haiti-politic-the-sogener-refuses-to-pay-the-194-million-claimed-by-the-bmpad.html
https://www.haitilibre.com/en/news-29041-haiti-flash-the-bmpad-claims-$194m-to-sogener-sa-but-what-is-the-reality.html
https://www.haitilibre.com/en/news-29035-haiti-politic-the-government-takes-measures-to-improve-the-distribution-of-electricity.html
PI/ HaitiLibre
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