Monday, March 26, 2012

ARTICLE - PRESIDENT'S DEFAMATION COMPLAINT

COUNCIL OF ORDER OPENS HEARINGS ON PRESIDENT'S DEFAMATION COMPLAINT
(Defend Haiti) -

PORT-AU-PRINCE - After his refusal to apologize or cut his head bald for defaming President Martelly on Scoop FM, Lawyer Andre Michel had to clarify his position, before his peers and the Council or Order of Port-au-Prince.

Michel, the leader of Group 77, responded to a complaint of President Martelly's lawyers, Gregory Mayard-Paul and Lucmane Delille at a convocation that took place on Monday, March 21.

Composed of Carlos Hercules, President of the Port-au-Prince Bar Association, Charles Gervais, and Stanley Gaston, the Council interviewed André Michel.

Lawyers for the head of state had filed at the end of the prior week their grievances against the lawyer, former ally of the Presidential Candidate, First Lady Mirlande Manigat in the last election.

The plaintiff's side of the case, accused André Michel of "defamatory" remarks made on Radio FM Scoop. He reportedly accused "the pink militia of President Michel Martelly" as causing acts of insecurity in the country.

According to Mr. Gregory Mayard Paul, "such accusations are very serious." Lawyers for Mr. Martelly therefore call for disciplinary action against Andre Michel, and repair for their presidential client.

André Michel boasted of his reputation with the Bar Association of Port-au-Prince. A lawyer, he believes, must always be exemplary in society. As to the facts alleged against him, the lawyer told Le Matin,... "I am not allowed to reveal the arguments submitted at the hearing by the Council of Order," recalling that it is part of a body governed by certain principles.

The complaint filed against him by the defense council of the President is nothing more than intimidation. "I expect this to be the Board's finding," says the leader of Group 77, refusing to anticipate on the conclusions of the Council, whose decision may be appealed in cassation.

The former president, Mr. Gervais Charles, member of the Council of Order, hailed the approach of the President of the Republic in its form, stating that the complaint would be examined independently, by the Disciplinary Board of the Bar.

In the hierarchy of sanctions for conduct deemed detrimental to the Bar, .... the offender risks suspension and even expulsion.

The political side of the case through this lawsuit ..... wants to demonstrate respect for the democratic game.

"It is", said Lucien Jura, spokesman for the presidency, "proof that we are in a state of law. Martelly the citizen uses the law to settle disputes."

Jura says, "we are no longer under the old regime."

Andre Michel, however, sees in this approach an attempt at intimidation before murdering him. The lawyer and politician says he wants to continue to fight anyway.

"I will not hold my peace," he promises. And, as if to prove he does not mince words against the propaganda around the presidential program of "free education" in believing that more than 903,000 children are enrolled in school this year.

"It's a colossal bluff. He would build 23,000 classrooms and train as many masters before sending 903,000 children to school", stated the lawyer, asking the President to apologize to the nation for not keeping his campaign promises.

Andre Michel has already received support from several political and human rights organizations, who see the case against him as a threat to freedom of expression. How many people will the Martelly team call to court for "libel" because of their negative comments?

If this strategy fails how will it be next time? Sweet Micky who was arrested when he swore at everyone before being elected president? Power changes and corrupts absolutely.

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