Haiti news: About Hearing postponed

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It becomes a habit. And this, at all communes forming the jurisdiction of Port-au-Prince, Petion-Ville, Carrefour, Arcahaie La Gonave, etc.. Often, we extract the firm charged with investigating, the defendants for criminal hearings and hearings for criminal defendants with or without assistance of a jury, which does not show up in court for lack of means of transport. These are challenges that the National Prison Administration will have to overcome, a matter of respecting the right of detainees who are presumed innocent, to be judged. And if the facts alleged against them do not, they should be released. We must make an effort to drive them before a judge at the date so they can answer the questions put to them on crimes and crimes committed.

At a time when we speak of struggle against prolonged pretrial detention, the accused persons have material difficulties in getting to court. This is contrary to the objective is to achieve significantly reduce the rate of pretrial detention in the court of Port-au-Prince, the intensification of criminal proceedings both at the courthouse at Court street children Petion, Port-au-Prince.

For months, it goes into overdrive at the court of Port-au-Prince in order to do justice to whom justice is due. The actors involved in the justice system are willing to work on cases assigned to them. A well considered, work is immense, but resources are limited, said a magistrate.

While the criminal proceedings without assistance of a jury and criminal hearings continue, the Dean continues to finalize the records of the accused who must, working days, to attend court for trial.

According to a knowledgeable source, cases of kidnapping, rape and armed robbery are the most frequent. Many women are involved in the offenses listed above. It is reported that there is one who raped a girl of 5 years by introducing a brush handle into her vagina. The victim was taken to hospital where she receives care.

All told, the month of February was marked by the holding of criminal trials without jury assistance. Assisi during which several defendants were tried, convicted and released.

Living rooms!

First Chamber

Hearing on Tuesday, February 22, 2011

Cases Heard:

- Antenor Rock heirs against Mr. and Mrs. Wilson Helmyr woman born Darline Féquière, Mahanata Occius and others, the court ordered the filing of documents;

- Victor Charles Anthony cons Beaubrun and Jean-Pierre Rodrigue Mathieu filing the documents.

Decided

- Dina Désyr against Mr. and Mrs. Marjorie Stone, Bernadette Pierre Chenet and Massillon.

Composition

Judge: Junior Durin Duret
Crown: Edwig Dorsainvil
Registrar Cedex Assony
Usher: Lesly Jean Antoine

Second Chamber

In the presence of the Crown, represented by O. Berge Surprised with the assistance of Mr. Celene St John, J. Altenor Bartholomew presided at the hearing on Tuesday 22 February 2011. Hearing during which the following cases were heard:

- Tablex cons Delain Miller & Co., after having heard the parties at trial, the court declared the case heard and ordered the filing of documents to be forwarded to prosecutors for written submissions;

- Levoisier Thermidor against Jean-Pierre Weiner, the court grants the filing absentia and ordered parts to make its decision within the statutory period.

Rulings

- Hughes laroche cons Joisile Evelyne;

- Louis Joseph Gerson Just Bermhan cons.

Furthermore, during a hearing of the extraordinary under the chairmanship of Judge Bartholomew Altenor, citizen Lionel Belus was sworn as bailiff operator.

House of referrals.

Hearing on Tuesday, February 22, 2011, chaired by Justice Peter Gabriel Domingo, with the assistance of Mr. Kerry Sémervil.

Heard:

- Ms. Jean-Baptiste André Marie Marcelly cons Bank of Nova Scotia; filing the documents.

Court of Appeal (2nd section)

Presided over by Judge Jean Vernet Achilles whose assessors Gabriel R. Castor and Yvickel Dabrésil, the hearing on Tuesday, February 22, 2011 was attended by the prosecuting officer of that court, Ms. Florence Mathieu, with the assistance of Jean Marie Jocelyn.

Two cases were heard where default was granted. They are:

- Wilco Joseph Fils-Aime et al cons Thermil husband Robert, a woman born Mary Jean Rose-Christmas court ordered the prosecutor to file the documents through the registry for writing and reasoned conclusions on all points of law raised by the parties;

- Joshua Francois Gaspard Know cons, and the court granted default against a party and counsel and ordered the filing of documents to be forwarded to prosecutors for purposes of law.

Court of Appeal (3rd section)

Six cases were heard at the hearing on Tuesday, February 22, 2011:

- Bertrand W. Faldoni against the government commissioner Harrycidas Augustus, the magistrate James St-Jean et al; this matter is being continued for a week;

- Mr. and Mrs. Gerard Lorcy and cons al Leander Eddy, communication pieces to the Crown;

- MM. Stone Love Thélusma, Jean-Baptiste and others against the Crown (a writ of habeas corpus); of records to the Crown;

- Sibylle Theard Mevs against Jean-Jacques Theard, the court ordered disclosure of documents;

- Company Haitian engines, represented by Clifford Brandt, Louis cons Mendrick, the court grants default and ordered the release of exhibits to the Crown;

- Lesly Alert cons Gina Almonte, the court ordered the release of exhibits to the Crown.

Two indictments

- Jean-Claude heirs Stinvil woman born Yvette Heart, James Polota cons;

- Andre Harry Lamarque Milite cons.

Judgement

- Mrs Ritchy Sanon and cons Stimphil Tahaisha Lya prosecution and the court declares that the disappearance or destruction of parts of a file may be grounds to declare illegal and arbitrary detention of women rise; referred to by the trial court by the firm statement, given that articles 410 and following of the Code of Criminal reflecting the extent to proceed in such cases.

Composition

Lise Pierre Pierre (President) with the assessors Jean-Joseph Lebrun and Eddy Darang (judges), Jean Frederic Benech (Crown).

Second Chamber

Hearing on Wednesday, February 23, 2011.

Business:

- Theresa Marie Isidor cons Doctors Without Borders (civil action for damages); setting continuation for a week;

- Cédric Jean-Baptiste cons Lamercie Corps (action validity of garnishment); continued development;

- Jean Paul Phoenix cons Wilfrid July, Pierre Samson et al (eviction action) set to continue the hearing in two weeks;

- Jean-Jacques Jean-Baptiste Antoine Gracien cons (action for eviction); filing of documents;

- Jean-Jacques Jean-Baptiste cons Dagobert, Elysée and Serge Pierre-Louis (action for eviction); filing of documents;

- Margaret Louis Fair cons Willens Therméus; filing the documents.

Composition

Judge: A. Mimose January
Crown: Eddy Cherubin
Clerk: Junior Sauven Thélémaque
Usher: Romuald Grand-Pierre

House of referrals

One case was heard at the hearing on Wednesday, February 23, 2011, chaired by Judge Denise M. Butterfly, with the assistance of Mr. Kerry Sémervil. It is a matter between Mrs Fabienne Fleuridor to Sogebank. The President of the Court ordered the filing of documents in order for the statutory period.

Chamber of First Instance

J. Carvès Jean, assisted by Clerk Mozard Tassy, heard the following cases:

- Wilky DELANCE cons Ms. Georgette Natural (child care); filing of documents;

- Vladimir Brignolle cons BNC (withdrawal of funds); filing of documents;

- Paul Adne Sogebank cons (bank withdrawal); filing of documents;

- Jean-Claude Cherubin cons BUH (withdrawal of funds); default and filing the documents.

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