The case between senators and President Jovenel Moïse and his adviser Jude Charles Faustin for abuse of office and abuse of authority against public affairs began at the courthouse on Monday. After explaining the parties’ reasons and the Crown’s submissions, the judge decided to adjourn the case to the next week.
Senators Jean Renel Sénatus, Jean Marie Junior Salomon, Dieupie Chérubin and Youri Latortue were at the courthouse Monday, as part of the action they brought before the criminal court against the head of state and his adviser Jude Charles Faustin. The latter are accused of abuse of office and authority against public affairs in that they spoke out and acted so as to shorten the term of office of senators who were not even able to penetrate the Parliament.
My Jacquenet Oxilus, Champagne Cadichon, Thervil Pierrin and Lacs-Guvens Cadette, all lawyers for the plaintiff, sought to demonstrate that President Jovenel Moïse and his adviser, by virtue of their functions, have assumed the right which only a court has electoral. For them, the guarantor of the good functioning of the republican institutions committed the offense punishable by article 5.5 of the law of May 9, 2014 and opposed the application of articles 50.3 and 239 of the electoral decree in force. In their pleadings, the lawyers called on the court to declare themselves competent and to sentence the defendants …
The lawyers for the defendant, Mes Raynold Georges, Osner Févry, appeared for their clients. At the stand, they raised the theory of the judge’s incompetence to hear the case. The provisions of article 186 paragraph a of the Constitution makes the president liable only before the High Court of Justice. To this end, the lawyers for the defendant emphasized that their clients, the President of the Republic in particular, enjoy the privilege of jurisdiction. In this sense, the lawyers asked the judge hearing the case to declare themselves incompetent.
The plaintiff’s battery of lawyers objected to and raised the ultraviolet principle which states that there can be no denial of justice if any provision of law has never been applied. Under this principle, another remedy should be defined. In addition, the law on the prevention and punishment of corruption makes the head of state an executive public official. He may be tried for his abuse of office before the correctional judge.
“He cannot benefit from his mistakes,” said Lacks-Guvens Cadette, so to speak that the president never worked to set up the High Court of Justice. In addition, the Chamber of Deputies lapses because the elections did not take place. Referring to articles of the Inter-American Convention on Human Rights and the Universal Declaration of Human Rights, he argued that the justice system cannot remain silent on this crime. “The fact that lawyers talk about the jurisdiction of the court constitutes a presumption of guilt,” said the lawyer.
The prosecution, represented by Me Gabriel Ducarmel, agreed with the lawyers for the defendant. The president cannot be prosecuted for this offense unless the High Court of Justice judges him, according to the procedures provided for by the mother law of the country.
Judge Benjamin Félismé has decided to continue the case. In the fortnight, the lawyers will have to appear in order to defend each their positions. Meanwhile, the elected representatives of the people continue to call on the judicial authorities to “recognize that the President of the Republic has violated the Constitution, the American Convention on Human Rights, the electoral decree”, to condemn him, him. and his accomplice Jude Charles Faustin, for abuse of office, abuse of authority against public affairs.
Caleb Lefèvre source Le Nouvellste
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