In Courthouse
whole truth and nothing but the truth (continued)
summoned to the prosecutor of Port-au-Prince for forgery and uttering forged documents and criminal association , Friday, May 7, 2010, Jean-Joseph Exumé went along with the Dean of the Bar, Mr. Gervais Charles. For several minutes he answered questions from the government commissioner. But this meeting, frankly, is related to a request from the Old Firm, asking the prosecutor to suspend the enforcement sought by the advice of counsel which includes Jean-Joseph Exumé for the defense of Mrs. Augustus Daccarett widow. In the press, there was talk of complaint against me Exumé. The Old Firm has taken to clarify, saying he was never a complaint, but the request. Not satisfied with the accuracy of Brother, Jean-Joseph Exumé explains
"In my capacity as counsel for Ms. Auguste Daccarett widow, I defended the latter jointly with Mr. Lamothe Talleyrand in a trial the opponent to Tele-Haiti. This is a case that lasted nearly ten years. She has experienced all levels of jurisdiction, since the Court of First Instance of Port-au-Prince, to the Appeals Court of Port-au-Prince, the Supreme Court on first appeal the Court of Appeal Les Cayes on remand and ultimately the Supreme Court into sections together, "said Jean-Joseph Exumé, lawyer and member of the Bar of Port-au-Prince.
What is it exactly?
May 29, 2009 is released a final decision in the case between Tele-Haiti in August Daccarett widow. Judgement has been served on counsel and party. In March 2010 the application was submitted to the prosecutor for enforcement. And then, on complaint of the old firm's lawyers, the enforcement has been refused on the basis of two certificates issued by the clerk of the IMB Kenscoff, stating that the particulars of registration, signature, fingerprints the seal affixed to the bottom two acts are wrong. What are these actions? Me wonders Exumé.
First, there is an order of the President of the Court of Appeal of Les Cayes in April 2006, appointing a new composition to hear the case, as Judge John M. Theodore, who was part of the composition to which the case was argued, was promoted to the Supreme Court, before a decision is rendered.
The second act is the meaning of this order on lawyers in 2006 to always invite the lawyers to plead. In their petition, the lawyers asked the old floor to investigate the documents submitted, but especially not authorize the enforcement by specifying precisely these two acts. This means that before the draft, they could have filed the case to the prosecutor. It is important to note that when a case is filed for enforcement, it is quite normal that the lawyer of the opposing party can not only be current deposit, but, again, hold copies of the originals and can thus trigger action.
Note that the cost of registering such an act is 6 bottles, making it quite outlandish the idea that we could attempt to commit forgery. In addition, these documents served in 2006 are mere acts of education, quite incidental to the trial and could not affect the merits of the case. They were not, moreover, neither questioned nor challenged by the Old Firm, wanted to clarify Jean Joseph Exumé.
"What hurts the most is that we have benefited this case to sully my reputation by disclosing all the national and international press that I have committed a wrong, I am a member of a conspiracy, then it is not for a lawyer to register rooms the IMB, "was upset Exumé Me.
Me Exumé continued to clarify that when there are presumptions about the invalidity of the registration of a deed, this can in no way constitute a forgery, since only the Directorate General of Taxation has control of the formality of recording. It is not possible that the head of an agency may IMB judgmental to say that Registry entries are false.
Any abnormality that might discover in these records, all fruitless searches of the entries contained in a document should serve as avenues for further investigation. Instead of rushing to issue a certificate, the officer who has no legal authority to declare that an act is wrong is should instead seek itself relevant authorities in the investigation IMB, told me Exumé.
The lawyer continued: "From what criteria an officer can decide the falsity of a statement of registration? What are the elements of comparison which has to declare that a seal is false or that the signature at the bottom of an act is wrong? "Me
Exumé continues:" The officer is he an expert in order to decide a glance that a seal on an act is wrong? "
Struck with amazement ...
"In the edition of Thursday, May 13, 2010 the daily" The News ", I was more than surprised to read in the law reports (the courthouse) hanging a title:" The whole truth and nothing but the truth ". A text in which Serge Vieux Henry said he had "the prosecutor asked only to verify the validity of registration particulars of certain actions in case the file would be submitted for enforcement. And contrary to what has been reported, there is only a request, request for verification. In this query it shows the name of anyone, there is no mention of the name of counsel for the parties nor bailiffs operators. These are the words of Henry Serge Vieux, one of the lawyers of TV -Haiti, taken by Mr. Exumé.
latter wanted to emphasize the fact that since its presentation at the office, he never opined on the issue despite repeated requests from colleagues, relatives and friends.
However, he wished to indicate that it does not share any opinion of his colleague. For him it is and remains that this is the query that started it all and bringing the prosecution to act. A lawyer for the likes of me knows very well that in old criminal cases, especially in an offense as serious as false, one must always consider the consequences of the act that are asked. Even if a lawyer pursues a legitimate aim, it must be careful not to unduly expose another colleague, especially in a matter of registration of deeds, said the lawyer.
Me Exumé has also said that many acts of bailiffs served on behalf of many law firms are registered in Kenscoff. He even wondered if the Old Firm is not one of them.
He also said he heard about Old Me Serge Henry Radio Vision 2000, Valéry Numa reporter's microphone. Brother wanted to clarify that he did not press charges against anyone and he has made a withdrawal.
Former Minister of Justice says to disagree with this interpretation of Henri Serge Vieux. The termination of the lawyers at the Old Port on what? It would be made against that?
Counsel for Widow Daccarett August, when it comes to denunciation in criminal law, he is a citizen action, made with pure selflessness, to render service to society, of providing information about wrongdoing by others and which the informant is aware.
But it can not be the case when the alleged informant himself has an interest in the case as here, where the objective is simply to block by all means the execution of a court, a goal reached puisqu'effectivement moreover, the prosecution has not granted the enforcement. In such If it is not denounced, but the complaint, concluded Mr. Exumé.
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