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At Courthouse

Opening of the session unattended criminal jury


On the ruins of the Courthouse, Monday, July 12, the doyenne of the Court of First Instance of Port-au-Prince, Me Marie Joceline Cazimir, opened the session unattended criminal jury. The government commissioner Harrycidas Augustus acted as prosecutor.
For this first day, three people were tried and convicted. This is Sabrina Petiote and Jeanine Joseph, accused of drug trafficking (sentence: 36 months hard labor) and Peterson in January for the crime of rape of a minor, sentenced to three years hard labor.

Haiti: Edith Jean-Pierre had not yet 18 when Peterson was raped in January at his home. He tore the shirt of the victim, before committing his crime. Following this heinous, barbarous, Peterson was arrested in January on a complaint of a close relative of the victim who should naturally do.

René Bertrand and Joseph who were Wilsame cited in this case are, after examination, granted an order of dismissal of the magistrate, while Peterson January was referred to the criminal court to be tried for the crime of rape of a minor of 17 years. And he appeared Monday, July 12, during the first hearing day without the assistance of criminal jury, to know his fate. He received a sentence of three years of hard labor with Lespinasse benefit of the law relating to pretrial detention.
When Peterson was arrested by the police, he admitted having had sex with Edith Jean-Pierre. The accused had clearly explained to the policeman who questioned him that this is not the first time they had sex. In fact, Edith was his lover, he suggested. In

firm direction, he made the same statements. For more information, the investigator asked the victim several times at his office, it had never occurred. But during the course of the trial, Peterson was held in January to the judge noted that the act was committed with the consent of his beloved. But what the judge retained in statements of Peterson January, seemed important in the case, it is the truth with which he described how the incident occurred. The accused admitted that Edith Jean-Pierre, his lover, is younger than him. But he had no evidence that at the time of commission of the act, she had not yet reached the age of majority. Peterson could not know without having their eyes the birth of Edith Jean-Pierre.

In court, the accused did not lie. He made the same statements as if they were recorded on a tape.

The background of this trial is whether the minor had lucid consciousness, whether she had considered the consequences the act of infectious diseases, early pregnancy ... We could not know that.

Despite numerous invitations, the victim stayed with her, awaiting sentencing for Jan. Peterson rape on her person. His presence in court would have contributed more to animate the debates. So, not a civil claim for damages, no witnesses present at the hearing, no corpus delicti, no medical certificate, no birth certificate. Nevertheless, Peterson was sentenced in January to three years hard labor.

In its indictment, the Crown, born protector of minors, requested the court to apply the article "2" of the decree of 11 August 2005 amending the rules on sexual assault and sentence the accused to 10 years hard labor for violating the minor Edith Jean Pierre in the evening of May 16 to 17, 2009.

The defense counsel, composed of Messrs Leon Gerty Alexis and Jacqueline Elias, has from the outset, the court noted that Peterson had met Edith in January with a view to planning a program for the 18th of May, on the occasion of Flag Day.

There was no rape. Who can prove that the victim was a minor? Where is his birth certificate? questioned the defense counsel. There was no violence or coercion, going Peterson's lawyers.

During general discussions, the Board drew the attention of the court that the accused has been arrested on complaint of the victim, but on that of a close relative. One way to bring the court rejected the argument advanced by rape prosecutors. The defense counsel also stressed the absence of a medical certificate, the centerpiece that can determine whether there was actual rape, and minutes of fragrance. The offense of rape is not established. The lack of factual and intentional elements are in evidence, said defense counsel.

With these considerations, counsel for the accused asked the court to declare non-constant fact of rape charged to Peterson in January and enforce Article 290 of the Code of Criminal Procedure Annotated by Mr. Menan Pierre-Louis.

Taking the floor, the Crown, represented by Harrycidas Augustus, pulled out a notice of discontinuance signed by the parents of the victim, drafted by a notary, as an exhibit. And he was shut up in his conclusions, namely the conviction 10 years hard labor accused Peterson of January.

Having always the last word, the defense counsel emphasized the absence of a medical certificate, important document in such a trial, as well as the minutes of flagrante delicto. Speaking directly to the public prosecutor, the accused's counsel pointed out to him that an act of recognition can not replace a birth certificate.
In its decision, the court said continuing criminal acts of rape charges against Peterson in January. However, he rejected the argument that Edith January is minor. Nevertheless, the court Criminal convicted Peterson in January to three years hard labor with benefit of the law Lespinasse of detention extended.

Two other accused

Carvès Judge John does not have an easy task. But with experience, he was able to succeed at the game and Jeanine Petiote
Sabrina Joseph are accused of drug trafficking. They were heard Monday, July 12 during a criminal hearing. Having closely followed the accused replies to questions from the court, Judge John Carvès delivered its decision forthwith. He condemned the accused to 36 months of hard labor each.
Recall that the tribunal was formed Carvès John (Judge), Felix Leger (Crown), Kery Sémervil (Clerk) and Romuald Grand-Pierre (Usher).