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8082: A Former President VS. The State of HAITI (fwd)



From: Senou <senou@yahoo.com>

The Haitian justice system is going to put to test.
When the FBI or the SWAT team is making an arrest,
that person may be apprehended from its own place or
anywhere.  Then later, the public will learn why that
particular person was arrested and the nature of the
charge (s) pending against that individual. If that
arrest was done without a valid warrant, the gentleman
should be released immediately; however, if there were
pending warrant(s) against that individual, an officer
or a technical unit can make the arrest. This is a
common and legal practice in all countries. In this
high profile case, it is unlikely that the gentleman
will be released on bond pending trial. Usually, past
precedence will play a big role in the Bond hearing,
(if release on Bond will he flee the country, is he a
danger for the society and so on). At this time, the
judicial system in Haiti is going to put on test. Can
the Former General/President receive a fair trial?
Should there be a change of venue? Will the witnesses
testify? The State of Haiti has to proof that case
beyond reasonable doubt. In the US, an ordinary
citizen had filed a suit against a sitting President;
there was a settlement in her favor. 
	This up coming high profile trial, Former
General/President Mr. Prosper Avril vs. the State of
Haiti will be an interesting case to watch on TV. I
hope the gentleman receive a fair treatment. The
gentleman should be deferred to a judge immediately
and a trial date shall be set according the Haitian
laws.  
	In this high profile case, expect to see everything
done by the book the law will apply. If Mr. Avril is
released without a trial, all the prisoners who had
not been tried shall be released as well and the
government may have to explain why he was arrested.
This sensitive case will forever remove doubt or put
cloud in the judicial system in Haiti. Currently, Mr.
Avril status is not well defined, is he a prisoner? Is
he a detainee pending trial or a guess of the state?
Voice your opinions 
Senou


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