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Our translation into English of the Haitian Senate Commission Inquest Report, which concluded that President Martelly and Prime Minister Lamothe should be impeached, continues below the picture and quote, which we added for purposes of reflection.
Maccari-Cicero  
Cicero Denounces Catiline, 1888 Painting by Cesare Maccari (1840-1919)

“When is there to be an end of that unbridled audacity of yours, swaggering about as it does now?’, O Martelly and Lamothe? ‘….does not the alarm of the people, and the union of all good men-—does not the precaution taken of assembling the senate…—do not the looks and countenances of this venerable body…,have any effect upon you?” Adapted from Cicero’s First Oration Against Catalina (Transl. by Yonge,1852).

Our translation of the Senate Introduction is found here: https://miningawareness.wordpress.com/2013/08/15/report-by-the-special-inquest-commission-on-the-troubling-death-of-judge-jean-serge-joseph/
Our introduction is found here: https://miningawareness.wordpress.com/2013/08/11/martelly-lamothes-betrayal-of-haiti-will-they-be-exorcised-senate-report-calls-for-their-impeachment/
The original, in French and Creole, is found here: http://www.radiokiskeya.com/spip.php?article9711  

Part II:   
The Facts

1 –  Everything started on Thursday, the 16th of August, 2012, when Newton Louis Saint Juste, Esq. (lawyer), addressed a letter to the Parquet of Port-au-Prince (Prosecutor’s Office) to denounce acts that the complainant qualified as corruption.  The complainant based his accusation on the fact that the president’s wife (Mrs. Sophia Saint Remy Martelly) and his son (Olivier Martelly) each chaired a presidential commission that disposed of large funds issued from the coffers of the public treasury.  This caused a stir in the media in the capital, because it was the first time that a citizen dared to venture upon these pathways not yet explored by the virtuous builders of the democracy.

2 – This should not have ended there, because the public prosecutor for the Court of First Instance of Port-au-Prince convoked Mr. Saint Juste, Esq. (lawyer), in order to furnish more details on his denunciation.  Additionally, Mr. Saint Juste, Esq., responded to this convocation by the public prosecutor on Friday the 24th of August, 2012.  The complainant having been heard, the public prosecutor decided, from the bench, to close the case without follow up.

3 – A few days later, that is on Saturday, the 1st of September 2012, Mr. Joseph C. Guyler Delva, Secretary of State for Communication, could be heard on Radio Quisqueya specifying with a touch of certainty that the money spent by the wife of the President of the Republic, Mrs. Sophia Saint Remy Martelly, and his son, Olivier Martelly, came from private sector donations.

4 – The Presidential family went on the counter-attack when on Monday, the 3rd of September 2012, through their lawyer Reynold Georges, Esq., they announced their intention to bring suit for defamation against Mr. Newton Saint Juste, Esq.  Their lawyer clarified that under Article 196 of the Haitian Civil Code, spouses mutually support each other [and thus], the president had the right to hand resources to his wife.

5 – The next day, that is on Tuesday, the 4th of September, 2012, Mr. Saint Juste, Esq., returned to the charge by submitting a new correspondence to the public prosecutor to suggest that there was reason to open a judicial inquiry on the basis of the statements of Mr. Georges, Esq., because such statements could be considered as evidence of alleged misappropriation of public funds.  In the same letter, Mr. Saint Juste, Esq. made a new denunciation of usurpation of function.

6 – Following this, the affair took shape to the point of having an existence unto itself (of having a life of its own).  The Presidential family, according to all available and discovered evidence, set into motion all the garrisons that it had at its disposal to try to smother the affair or even to drown it.  Also, pressures were exerted on the Public Prosecutor of Port-au-Prince Jean Renel Senatus, Esq., for him to proceed to arrest Mr. Saint Juste for injury to the Presidency and defamation. Mr. Senatus could not withstand the pressures which, according to his own words, were exerted on him by the Minister of Justice, Mr. Jean Renel Sanon.  He resigned his position on the 26th of Sept. 2012.

[Haiti Mining Awareness Comment: We hope that everyone re-reads the last sentence, while reflecting upon accusations surrounding Judge Joseph’s death.]

Sunday, 18 August, 2013 (continuation)

7 – On the 11th of October, 2012, The Minister of Justice responded to an invitation by the Senate Justice and Public Safety Committee.  During this meeting, he denied all of the allegations of the Public Prosecutor.

8 – In the meantime, there was a lull in this affair until around the third week of January, that is, the 22nd of January, 2013, when a citizen by the name of Enold Florestal made a summons at the Correctional [Court] for usurpation of function (office).  This action targeted the wife and the son of the president, Mrs. Sophia Saint Remy Martelly and Olivier Martelly, respectively.  Mr. Florestal named Messrs André Michel and Newton Saint Juste as his lawyers.[See note 1 and note 2]

Wednesday, 21 August 2013 (continuation of Senate Report)

9 – On the 19th of March, 2013, the case effectively started at the courthouse in Port-au-Prince when the court became officially involved.  Judge Jean Serge Joseph is in charge of the case and decided to defer it for one week (8th day).

10 –  One week elapsed, the lawyers Michel and Saint Juste did not present themselves. The judge made a summons to a hearing for the 14th of May, 2013. The lawyers still did present themselves; the case was adjourned to the 21st of May, 2013.  On that date, Judge Joseph pronounced an interlocutory judgment adjourning the case to the 11th of June, followed by another deferment to the 18th of June, 2013.

11 – On Tuesday the 18th of June, 2013, the case was heard, but the pleadings turned around procedural flaws contained in the judgment of Judge Joseph. The case was thus again deferred, to Tuesday the 2nd of July, 2013.

12 – On that Tuesday, the case was again heard in front of Judge Jean Serge Joseph. On this occasion, the lawyers Newton Louis Saint Juste and André Michel plead and ask the court to summon as witnesses the High Ranking State Officials such as the Prime Minister, the Minister of Finance, etc. The court renders an interlocutory judgment in which it solicits the Public Prosecutor to obtain the authorisation of the President of the Republic in order for  the High Ranking Officials to appear before the Correctional Court according to the terms of Article 400 of the Code of Criminal Procedure. (see Note 3 at bottom)

July 2, 2013 Hearing with Judge Serge Joseph, where he gives the list of names of witnesses who he wants summoned:

(Original video of Judge Joseph issuing his ruling from Radio Kiskeya. For the list and some additional information see note 3, below).  

Thursday, 22 August 2013: See continuation of note 3, below.

Friday, 23 August 2013 (Continuation of Senate Report, Facts)

13 – But lawyer for the presidential family will not accept the blow. He appeals from the 8th of July, 2013. The Public Prosecutor did the same. The text of the appeal specifies that they asked the Court of Appeals in Port-au-Prince to overturn this judgment for ‘torts and grievances caused to the presidential family by this decision.’

14 – On Tuesday the 9th of July, 2013, the Chief Judge of the Court of First Instance of Port-au-Prince, Raymond Jean Michel, Esq., took Judge Jean Serge Joseph in his service vehicle and went, with his passenger,(according to the Chief Judge himself) to the restaurant Table de Cajus (Caius’ Table) Restaurant at Champ de Mars to discuss a simple question for fifteen or twenty minutes. According to the Chief Judge, the judge only wanted to know if the executive was exerting pressure against him.

But, according to the accounts entrusted by the judge to several of his friends and acquaintances, it is rather the Chief Judge who took him to meet the lawyer of the presidential family at Gary Lissade’s law offices.

15 – Returned from Washington urgently, recalled according to his  account by the government, Mr. Léon Charles meets Mr. Enold Florestal on Wednesday the 10th of July, 2013, and proposes that he abandon the suit, drop the case, withdraw the complaint against the presidential family.  Mr. Florestal refuses. Facing his refusal, Mr. Charles raises the stakes and calls to the telephone the Prime Minister Laurent Lamothe. The latter speaks with Mr. Florestal for several minutes.  He offers him, moreover, a position outside of the country and some money so that he would decide to abandon the suit initiated against the president’s family.

[Our comment on No. 15:  Here is poor Enold, again.  We suppose that this is based on a mix of testimony where Mr. Charles said that he was called home from Washington on urgent business and that the rest of the information is from Enold Florestal. Unless there was a witness or they have a recording, which they may or may not, they really should have said that Enold Florestal alleged this and that or in some way other way made it more clear who said what, and whether or not there was proof. All they really had to do was to split the sentence and say “According to Enold Florestal….”. This may be what Gary Lissade and others were complaining about. But, the Senate wrote this document in great haste, which would explain this oversight.]

Saturday, 24 August 2013
The Chamber of Deputies Inquest Commission has finished their report. They also conclude that Martelly-Lamothe should be impeached. We return here for Sunday, but for today we refer you to our new post: https://miningawareness.wordpress.com/2013/08/23/chamber-of-deputies-report-calls-for-martelly-lamothe-impeachment-in-judge-serge-joseph-affair/

Sunday, 25 August 2013 (Continuation of Senate Report, Facts)

16 – Judge Jean Serge Joseph confides to his friend Judge Morin that he was invited by the Chief Judge to meet very high level government officials about the case initiated against the presidential family and of which he was in charge. Judge Morin advises him not to go.  Later, he came back to say to Judge Morin that he talked about it to his friend and adviser Samuel Madistin, Esq. [lawyer], who told him that he could go, but that he had no concession to make.  Judge Morin shrugged his shoulders and said nothing more.

[NB:  we hope that you take the time to re-read this “fact”.  By now we know that Judge Joseph’s brother, wife, Judge Morin and Samuel Madistin all have said that they were informed of this meeting.  If we recall correctly there were even more.  Hence, we can start to see why both the Senate Report and new Chamber of Deputies Report decided that the meeting did indeed occur.  We have updated information regarding Enold Florestal, the (recently imprisoned) complainant in the case which Judge Joseph was examining. See bottom of : https://miningawareness.wordpress.com/2013/08/20/judge-dead-whistleblower-jailed-lamothe-martellys-haiti/ Yesterday’s new post about the Chamber of Deputies Report has also been updated – see link given yesterday]

Monday, 26 August 2013 (Senate Report continuation)

17 – It is Thursday, July 11, 2013, the weather service had announced  a tropical storm and a warning, level red, had been declared the previous day. The work of the criminal courts in the metropolitan area was temporarily suspended.  This Thursday, the premises of the courthouse of  Port-au-Prince were practically almost empty. 

But Judge Jean Serge Joseph who, according to his peers, almost never misses a day of work came on the premises.  As he noticed that there was almost no activity there, he returned home to Cabaret.  Around 12:30, he was talking on the telephone with his wife when the Chief Judge, who would not stop calling him on the telephone, called him again.  He let his wife go in order to answer the Chief Judge who told him (according to concordant testimony of the Judge[Joseph]’s wife and the Chief Judge) that he needed him.  Judge Joseph asks that the Chief Judge give him an hour to join him.  Arrived at the courthouse, Judge Joseph parks his vehicle in the area of ​​the Parquet [Public Prosecutor’s Office] and continues by foot the length of the Court’s courtyard toward the south to meet the Chief Judge who is already waiting in his own vehicle, which is running.  The judge was accompanied by his security guard, police officer Johnny Pierre and his cousin and confidant Berlens Joseph better known by the nickname of Ti Sourit.  The Chief Judge instructed the judge to leave his companions there because he had no one with him.  At the moment they were taking off, the judge laughed to the Bailiff Figaro:  “You saw who I left with.”  It was almost 15 hours [3 pm] and the vehicle of the Chief Judge files toward the east of the capital.  Destination:  according to the Chief Judge, the same restaurant as Tuesday (Table de Cajus); according to the accounts confided by the Judge [Joseph] to his wife, his friends and acquaintances, the Law Offices of Gary Lissade.
hurricane 2
18 – Around 19h [7pm], the vehicle of the Chief Judge returns with the same occupants:  Chief Judge Jean Michel and Judge Joseph.  The judge who is dropped there where his vehicle was waiting (on the courtyard of the Parquet) orders his cousin to move a bag of rice from his vehicle to that of the Chief Judge.  Which was done quickly.  At the moment of leaving the premises, the Chief Judge inquired:  “Who is in charge of the security of the judge?”  And, Johnny Pierre responds by the affirmative.  Then the Chief Judge tells him: “The Judge there is in your hands”.  And the judge returned home, according to those close to him visibly panicked.

[Video and picture not in original.  Doesn’t “The Judge there is in your hands” sound rather menacing?  Remember, as well, impeachment means that there is enough evidence to put someone on trial.  It is not a guilty verdict.]

Wednesday, 28 August 2013

19 – Once returned home, the judge calls his wife as he had promised her before his departure for the meeting.  Judge Joseph thus explains to his wife that he cannot give her an account of the meeting by telephone because he has suspicions that his telephone is under surveillance [tapped].  He promises his wife to go borrow another telephone in order to tell her about the meeting from the beginning to the end.  

20 – On Friday, July 12, 2013, the judge, as usual goes to the courthouse.  He stops all those who pass by his office to explain to them his misadventure from the previous night.  He pushes Judge Morin into this office and tells him what happened, goes to the office of Judge Saint Vil and tells him the story, Judge Surpris goes into the offices of Judge Saint Vil, he also tells him the same story.  But, Judge Surpris takes him to task for having gone to an inopportune meeting and for not having alerted his judge friends in advance. He takes into his office Mrs. Ketly Julien of the IMED organization and tells her the story, she proposes coming back to record the story the next day. The lawyer Samuel Madistin to whom he had spoken earlier about the issue returns to his office and Judge Joseph explains to him how the meeting had gone.

[ Now, along with his brother, wife, Judge Morin and Samuel Madistin, we know that he discussed the meeting with Judge Saint Vil, Judge Surpris, and Mrs. Ketly Julien.  And, most certainly he would have discussed it with his assistant, Ti Sourit and security guard, Johnny Pierre. There were likely others. However, Judge Joseph apparently intended to give in and then leave the country, as we will see.]

Thursday, 29 August 2013

21 – This same Friday, July 12, 2013, Ms. Ketly Julien of the IMED went to the office of Chief Judge Jean Michel accompanied by Ms. Jacqueline Charles of the Miami Herald.  The purpose of this visit was for Ms. Charles to have an interview with the Chief Judge in order to report on some problems of the Court of First Instance, some investigating judges, and on the IMED’s accompaniment to the court.  According to Ms. Julien, that interview only lasted twenty minutes.  According to the Chief Judge, it lasted for two hours.  What is important, in all of that, is that the Chief Judge told the Senate Inquest Commission that during all that time, Judge Joseph did not stop coming to his office.  Each time, he was occupied and could not receive the judge.  According to the Chief Judge, the judge came to his office seven or eight times in a row.  Ultimately, the judge left while asking the Chief Judge to call him and giving him a telephone number, which he clarified was a Natcom number that not everyone had at their disposal and that it is the number that he used to call his wife.

22 – The Chief Judge did not call the judge that night.  The judge had gone to Estère because he had an appointment with his wife to bring her to Port-au-Prince that same evening.  It is his wife who takes the initiative and asks the judge, her husband, to tell her what had happened at the meeting on Thursday.  He gave an exhaustive account to his wife of what happened in the meeting, the identity of the participants and the position that they took.

23 – Friday evening, Judge Joseph returned from Estère bringing with him his wife Rachel (who had to go to an appointment with a dermatologist), his 11 year old daughter Jessica, boss Fito (a plumber who had gone with him to Estère in order to evaluate the cost of work needing to be done), and Berlens Joseph his guardian angel. That evening, everything seemed calm and nothing predisposed anyone to anticipate the fatal event that would occur several hours later.

[Estère is approximately 128.5 km from Port-au-Prince and a one hour and thirty-nine minute drivem according to google maps.  The Chamber of Deputies Inquest Report was put online in French last weekend at http://omegaworldnews.com/?p=4858 and elsewhere.  We will most likely translate it but are still undecided as to when.] 

Friday, 30 August 2013

24  – Around two in the morning on Saturday July 13, 2013, Rachel was awakened from her sleep by something which fell [this has been edited; see our note 4 for elaboration]. Thus Rachel flies to the rescue of her husband, Jean Serge Joseph. At that moment, Jean Serge loses his balance and Rachel holds him up by his right arm. She asks him a question to which he was unable to respond. He no longer had use of his tongue. Rachel calls Berlens who came down to the room where the couple and the child were found. Berlens was told to go look for help from the owner of the house. He returns with a negative response. Rachel tells him to stay with Jean Serge while she left to look for the owner. She found him immediately out in the street and the two went to look for help from the police in the Cabaret police station. The policemen came with Rachel and the owner and immediately load Jean Serge in the police vehicle which did not have enough fuel for the trip, and Jean Serge was removed from the police vehicle to be reloaded in his service vehicle. He was driven to Bernard Mevs Hospital where he was taken care of.  

25 – The most basic fact which emerges from all of these stories and that all of the witnesses reported, is that Judge Joseph was visibly panicked and that he was, according to some, on the verge of falling into a sort of depression. He was agitated and asked advice from everyone.  But, he had reached a decision, according to what he confided to some:  to sit again on Tuesday, July 16 2013 to hear the case and to dismiss (or relinquish) it as he said he was asked to do. Afterwards, he would resign and leave the country. [Translation Note:  The original is “se dessaisir” which could mean either a total dismissal or relinquishing it to someone else.  However, based on what we have read elsewhere and logic it most likely means that he intended to totally dismiss the case].

[Our comment: It appears that if Judge Joseph were poisoned then either they did not know that he was going to give into the reported pressure, or it was an act of vengeance for having dared to cross them by calling for witnesses].

To be continued on Saturday, 31 August 2013, with the Interviews, most likely in a new post.

NOTES, 1-3, NOT IN THE SENATE ORIGINAL; 4 is partly from the Senate orginal:
Note 1:  Although not part of the official Senate Report, we decided to include a letter sent by Enold Florestal to President Martelly.  Of critical importance:  the law 400, mentioned in it, is the same one later mentioned by Judge Joseph.  What Judge Joseph did, which was considered absolutely revolutionary in the context of Haiti, was to call on President Martelly, according to the requirements of the law 400, requesting that he allow the High Ranking Officials, mentioned in this letter, to appear in court.  In other words, these officials cannot be summoned without the approval of the President.  Although Martelly could apparently say no, it would look very bad if he did.  Of course, not as bad as Judge Joseph’s death!  Judge Joseph named the officials listed in this letter, along with some additional witnesses, and asked that they be allowed to appear as witnesses.

Port-au-Prince, the 14th of February, 2013
To the President of the Republic 
His Excellency Michel Joseph Martelly
In his offices

Mr. President of the Republic,

The citizen Enold FLORESTAL, property owner, resident and domiciled in Port-au-Prince, identified with CIN and NIF numbers 01-01-99-1973-07-00082, 003-534-634-4, having for lawyers Messrs Newton Louis ST JUSTE, André MICHEL, Mario JOSEPH and Jacceus JOSEPH  of the Bar of Port-au-Prince, identified and patented with the numbers: 003-574-610-6, 2207129856,006-476-320-6, 3,107,029,016.260595 with address for service at VIR BONUS at # 74 Stephen Archer St., Petionville, near the local CEP, hastens to inform you that a correctional action is directed against the named Sophia ST REMY MARTELLY and Olivier Martelly for usurpation of function (office) in accordance with the provisions of Article 217 of the Haitian Penal Code which states: “Whosoever, without title, shall involve themselves in civil or military public functions, or has done the acts of one of these functions, will be punished by imprisonment of one to three years without prejudice to the penalty of fraud, if the act carries the character of this crime.”

Your Excellency,

This action aims to shed light on the very serious damage to the Political, Administrative and Social Order of the Country caused by these defendants following their intempestive interventions in the management of public funds belonging to all Citizens, since your accession to power.  In this regard, several Ministers and Directors General were summoned to appear as witnesses in this trial to be conducted on behalf of Republican Values ​​and against patrimonialism and nepotism.

It concerns Laurent LAMOTHE, Prime Minister and Minister of Planning and External Cooperation, Marie Carmelle JEAN-MARIE, Minister of Economy and Finance, Thomas JACQUES, Minister of Agriculture, Natural Resources and Rural Development, Florence DUPERVAL GUILLAUME, Minister of Public Health and Population, Magalie RACINE, Minister of Youth, Sport and Civic Action, Yves Robert JEAN, Peter Hérold ETIENNE, Pierre Guy LAFONTANT, Guirlène CHARLITE RAYMOND, Gérard Junior MATTHIEU, Hubert Jean LEBRUN, Charles CASTEL, Directors General of the evoked Ministries, Secretary General of the Presidency, and Governor of the Central Bank, respectively.  

Given their status as High Ranking State Officials and the pertinence of their testimony for ascertaining the truth, it is important for the Nation that you authorise their appearance as required by Article 400 of the Code of Criminal Procedure:  “High Ranking State Officials can never be summoned as witnesses, even for the debates which take place in the presence of the jury, unless the President of Haiti, on the request of a party and the report of the Secretary of State for Justice, would have, by special order, authorised such appearance.”

Certain that you understand the merits of this approach, the Citizen Enold FLORESTAL presents you, your Excellency, with his most patriotic greetings.

Newton Louis ST JUSTE, Esq.  

Attachment:  Copy of the Correctional (Court) summons served to the named Sophia ST REMY MARTELLY  and Olivier Martelly on the 22nd of January, 2013, recorded on the 29th of January, 2013 and enlisted the 29th of January, 2013 at the Registry of the Court of First Instance of Port-au-Prince # 70 .
Our translation; the original French version is found at: http://www.radiokiskeya.com/spip.php?breve2812

Interestingly, the lawyer André Michel, Esq., denounced an alleged assassination attempt on Enold Florestal, just a couple of days before Judge Joseph was admitted to hospital and died.

Monday, 19 August 2013

Note 2:
Enold Florestal, who wrote the above letter, was Arrested on Friday; His Life is Feared to be in Danger

There are concerns for the life of Enold Florestal who has been arrested on apparently trumped up charges.  Lawyer Newton Saint Juste, has issued an SOS that Enold’s life is believed to be in danger.  Enold was arrested Friday night by police in Haiti and is said to have been severely beaten during his arrest.  Not surprisingly, there are fears that his life is in danger, perhaps even by poisoning, as some believe to be the case for Judge Joseph.  According to lawyer André Michel, Enold Florestal begin feeling discomfort (pruritus) in jail. In an interview accorded to Radio Kiskeya, Enold Florestal recently declared that he held proof of his conversation with Laurent Lamothe on the date of July 10, 2013, during which the Prime Minister promised him money and a Haitian Diplomatic position in order to convince him to abandon his legal action against the presidential family. http://touthaiti.com/touthaiti-actualites/2541-sos-la-vie-de-l-opposant-politique-enol-florestal-en-danger-au-commissariat-de-port-au-prince-parcequ-il-refuse-d-etre-filme-par-des-journalistes-propagandistes-de-la-tnh In English: http://omegaworldnews.com/?p=4266 http://omegaworldnews.com/?p=4223 (Although it is obvious that there should be concerns and that his life could be endangered, we cannot help but think that pruritis, i.e. itchiness, is more a sign of lice, bed bugs or other small creatures, which likely reside in a Port-au-Prince jail or from nervousness that he will be killed.)

Just what are the apparent trumped up charges and why do they appear trumped up?  The first obvious clue is that Enold Florestal filed suit against the Presidential Family for usurpation of function.  In short, from our understanding, for acting in the capacity of elected officials without holding an official position, whereby they could be held accountable.  And, he alleged having proof that Lamothe tried to bribe him into dropping the charges.  

What are the facts from which the trumped up charges stem?  We have pieced together the following from various internet sources:  Enold Florestal and his wife had a fight.  One can only imagine what it could have been over.  Maybe it even had something to do with her family or her brother, like giving them money?  If Enold had a crazy brother-in-law and in-laws, he wouldn’t be the first.  Nor would it be the first brother-in-law or in-laws to cause marital conflict.  Regardless of the cause, the wife’s brother, Frantzy Duverseau, chose to intervene against Enold.  Literal stones are said to have been thrown and Enold ended up in hospital.  The police were called and went to arrest Enold’s brother-in-law, presumably for assault and battery.  He is said to have refused to go, because of something in the Constitution about not being arrested after 6 pm (we haven’t verified if this is in the Constitution).  Furthermore, the brother-in-law is alleged to have had a machete — which in Haiti and elsewhere functions as a weapon.  And, a very scary weapon it is!  Shortly afterwards, Enold’s in-laws are said to have admitted that that their son had a machete in his hand, although they said that he was not threatening the police.  According to Radio Kiskeya, the 1st of  November, 2010:
It must be recalled that the day after the drama, the Senior Superintendent of Police of Port-au-Prince, Michel-Ange Gédéon, when interviewed by Radio Kiskeya, maintained that the two police had been wounded and that they were acting in legitimate self-defense.  The parents of Frantzy Duverseau, interviewed at the same time, implied that he refused to be taken after 6 pm, time limit fixed by the Constitution for night-time arrests.  All while denying any aggression against the police, they also recognized that the young Duverseau was holding a machete at the moment when he was shot. [from jmd/Radio Kiskeya] http://www.radiokiskeya.com/spip.php?article7187 (translation our own; bold added for emphasis) 

The police are alleged to have been wounded.  But, even if not, they would have felt threatened by someone wielding a machete.  Who wouldn’t?  Did the police try to shoot him in the leg or arm in self defense and miss?  If he was moving with a machete, it could be easy for them to miss their aim.  We do not know.  But, in the end, the brother-in law was shot in the eye and died.  

Somehow this has been twisted first into a police brutality case and then, somehow, into Enold Florestal and one of his lawyers being assassins.  Go figure!  This twisting about to make victims into the guilty and the guilty into victims is all too typical in Haiti.  Enold was injured and said to be in hospital; the police shot the brother-in-law and somehow Enold and his lawyer are accused of killing the brother-in-law.  It doesn’t hold up to common sense or reason.        

Another possible clue:  Besides the Martelly-Lamothe administration, who else seemed to be pushing for this arrest but CARLI.  CARLI, Comité des Avocats pour le Respect des Libertés Individuelles, is the so-called human rights group that used to be funded by US and Canadian government sources, including the Canadian International Development Agency, CIDA.  We do not know their current source of funding.  CARLI is believed to have played an instrumental propaganda role in justifying the second coup against President Aristide.  Furthermore, “CARLI was a member of the Group of 184, the elite-run coalition that masterminded civil society operations in support of the 2004 coup against Aristide.” http://coat.ncf.ca/our_magazine/links/61/46-47.htm See also: http://www.historycommons.org/entity.jsp?entity=national_committee_for_haitian_rights_(nchr)
And, just who used to be honorary head of CARLI but the recently deceased Enerlio Gassant (January 2012), who was listed, end of 2009, as owner of Delta Mining, partner to Angelo Viard’s VCS Mining, which holds the Morne Bossa Mining permit.  The Morne Bossa area appears to have been mined off and on since the first coup against Aristide.  For more on this see: https://miningawareness.wordpress.com/2013/01/06/haiti-morne-bossa-gold-missing/

Update on Wednesday, 21 August 2013: Reportedly they can not make up their mind what Enold Florestal is charged with and are now saying it has to do with his current girlfriend using falsified documents for admission to the police academy. Maybe he should try for the Catholic priesthood, considering his luck with women. Then he can get kicked out of it for political activity.

Wednesday, 21 August 2013,

Note 3, “The List”
List of Witnesses called for:

Judge Joseph ordered alll of the legal steps in order to permit the appearances, as witnesses, of the High Ranking Civil Servants 
1) Laurent LAMOTHE, Prime Minister and the Minister of Planning and External Cooperation 
2) the Minister of Economy and Finance and of Commerce, [unnamed but currently is Wilson Laleau; however Marie Carmelle JEAN-MARIE quit recently] 
3) Thomas JACQUES, the Minister of Agriculture; 
4) Ms. Florence DUPERVAL  GUILLAUME the Minister of Public Health and of Population, 
5) Magalie Adolphe RACINE, Minister of Youth, Sport and Civic Action 6) +  Ernst “NoNo” JEAN-BAPTISTE  Director General Adjunct (Adjoint) of the Minister of Youth, Sport; 
7) Yves Robert JEAN, Director General at the Ministry of Planification 8) Pierre Hérold ETIENNE, Director General of Economy and Finance, 9)  Pierre Guy LAFONTANT, Director General of Agriculture, 
10) Guirlène CHARLITE RAYMOND, Director General of Public Health and Population 
11) Gérard Junior MATTHIEU, Director General Youth and Sport, 
12) Jean Hubert LEBRUN, Secretary General of the Presidency, National Palace
13) Charles CASTEL, the Governor of the Central Bank,  
(First 13 except no. 6 were named in Enold Florestal letter to Martelly; Marie Carmelle JEAN-MARIE was named in the original letter, whereas Judge Joseph lists only the position:  Minister of Economy and Finance and of Commerce)

Thursday, 22 August 2013 (continuation)

Several Employees of the Ministry of Youth, Sports and Civil Action: 
14)  Marie Ewald STELLEN – maybe Ewol or Hérold, but most likely Ewald due to the importance of that surname  
15) Majorie AVIN
16)  Luce Pierre VERTUS
17) ?Alne? PASCALE  

Two witnesses from the company “Supervision étude et construction” (SECOSA) [both names below have been confirmed elsewhere]
18) Vice President: [Patrick] PEREIRA
19) Director General: Jean Emile LAFERRIERE

We remain convinced that this list is of critical importance.

What is SECOSA?  

SECOSA was given contracts for the planning and development of sport infrastructure in 10 communes, among other projects (including Phase I Urban Renovation of Saint Raphael and Phase II and the construction of Pignon High School.  (From Le rapport preliminaire de la Commission d’Audit (CA) – Preliminary Report of the Audit Commission, published in French in Haiti Observateur, 14-21 Mar 2012) http://fr.scribd.com/mobile/doc/85646620  [This is a report done by Gary Conille into the awarding of contracts after the earthquake and may be a major reason he is no longer Prime Minister]

It is important to recall that one of the people being investigated is Martelly’s son, Olivier Martelly, who seems to be supervising building of sport infrastructure.  Enock Néré of “Le Nouvelliste” newspaper asked Olivier where the construction funding came for the mini-stadiums.  Olivier answered that it comes from the public treasury, and that the money was already there.  Olivier stated that they are there to assure the supervision of the execution of the work and to be certain that they respond to the norms required for the project from the start. (see:  “Infrastructures Sportives:  Olivier Martelly : ‘Construire des terrains pour accompagner la jeunesse“.  Le Nouvelliste: 13 juin 2012 By Enock Néré, http://www.lenouvelliste.com/article4.php?newsid=106124

Who is Magalie Adolphe Racine, Minister of Youth and Sport?

One of the names on the list called out, whose appointment within the Martelly administration has raised the most eyebrows (and perhaps some people’s hairs), is Magalie Adolphe Racine, current Minister of Youth, Sport, and Civic Action (appointed in January 2013). See: http://www.haiti-liberte.com/archives/volume6-29/With%20Cabinet%20Reshuffle.asp

Magalie Racine is said to be a close collaborator of Sophia Martelly. http://radiokiskeya.com/spip.php?article940 (Recall that Sophia was to be investigated). She was reportedly protocol advisor to Sophia Martelly. Magalie apparently has or had an agency where young girls are trained to become models. It would seem that she took up this profession in stark contrast to that of her mother’s.  

Her mother is Madame Max Adolphe, a notorious high-ranking macoute leader and warden of Fort Dimanche prison, known as the Fortress of Death, under Papa Doc, Francois Duvalier. Madame Max has been described by more than one person as evil. She has been described as Duvalier’s right hand and as one of the top three in Francois Duvalier’s brutal regime (including Duvalier himself).

Perhaps Magalie has hidden herself in beauty in reaction to the ugly death and destruction which her mother left behind. Still, she is the only daughter of Madame Max and just thinking about her mother could scare someone to death. If one should feel some pity for Magalie, it does not change that appointing the daughter of a notorious macoute and infamous prison warden to one’s administration is not good for showing a break with the Duvalierist past. Not that Martelly wants to break with the Duvalierist past, it seems, judging by his incorporation of other individuals with Duvalierist ties, as well as Jean-Claude’s son (Francois’ grandson and namesake) into his administration. But, does he intend to have the brutality of the Duvalier years?

More than anything else, the presence of Magalie Adolphe Racine in her entourage would appear to indicate a superficial frivolity chez Sophia Martelly. And, superficial frivolity often leads to financial frivolity. Madame Max was reportedly no intellectual and if this is true then one can argue that she too was superficial. But, superficial and frivolous in her brutality.  

And, no one knows what happened to Madame Max. She could still be in Haiti.  And, Judge Serge Joseph had to call her daughter as witness in an investigation into alleged corruption….
Madame Max, born in September of 1925, would be almost 88 years old but some people remain mentally sharp at that age and even physically active.  If this were a “who done it” or the game of “Clue” then Madame Max Adolphe would have to be added to the list of suspects in Judge Joseph’s death.         

Technically Madame Max wasn’t a Macoute but rather head of the Fillette Laleau, apparently named for a wicked witch of Haitian Folklore who ate small birds.  (See:  Fillette Laleau:  http://media.smithsonianfolkways.org/liner_notes/folkways/FW06811.pdf) 

The New York Times published this excellent piece on Fort Dimanche, where she was prison warden:  “Mission to Haiti: The Troops; The Auschwitz of Haiti for 3 Decades Gives Up the Secrets of its Dark Past”  By Rick Bragg, October 01, 1994
“The young American second lieutenant said he had not been aware of an evil such as Fort Dimanche. The torture and killing that went on for three decades in the crumbling old prison, and the mass grave that rises from the weeds outside the walls, eclipse anything he has ever known.  Now, Lieut. Jeff Shuck, 24, of Memphis, is the master of one of the most foreboding, horrifying places in Haiti…..
Lieutenant Shuck is in command of 25 soldiers whose job is to secure and occupy a fort that is to Haitians what Auschwitz is to Jews, a place so hated that most Haitians would not come near it, afraid of the spirits of the dead who disappeared inside the wrought-iron gates……
….Fort Dimanche has been at the epicenter of their oppression…it became under Francois Duvalier, and later under his son Jean-Claude, a political prison where men were beaten, electrocuted, dismembered, blinded and castrated.  An estimated 3,000 people were locked inside and were never seen alive again.  Others, ruined mentally and physically, were released after months or years to show the population what would happen to enemies of the state…….
See the entire article here: http://www.nytimes.com/1994/10/01/world/mission-haiti-troops-auschwitz-haiti-for-3-decades-gives-up-secrets-its-dark.html?pagewanted=2&src=pm
Below we will see that the number at Fort Dimanche was more like 60,000 people, which sounds more accurate.

From English Wikipedia, Fort Dimanche:   
“During the reign of Duvalier he and his Tonton Macoutes used the facility as an interrogation center and prison to incarcerate, torture, and murder political opponents.  Also people who tried to escape from the island and were caught were brought to Fort Dimanche.  His son, Jean-Claude Duvalier, continued to use it as an instrument of terror.  Crammed into tiny cells, three by three by four feet, inmates slept in shifts in their own filth.  Gruel as food was placed on the floor, water was given out infrequently, in addition, inmates drank some of the water when they were hosed down once a week.  Dead bodies were often not removed for days and then dumped into mass graves outside the prison.  Prisoners died from torture, dehydration, malnutrition, and infections.  Most did not survive….” http://en.wikipedia.org/wiki/Fort_Dimanche
Fort Dimanche from French wikipedia:  
“During the 29 years of dictatorship of Francois Duvalier dictatorship, and of his son Fort Dimanche was the place where the tontons macoutes and the army imprisoned, tortured, executed and buried the real or presumed enemies of the region.  This sinister spot became known as  Fort Lanmò (The Fort of Death) auprès de la population de Port-au-Prince.  The number of victims of the Duvalierist dictatorship at Fort Dimanche has been estimated to be around 60,000 people, including a number of intellectuals like the author Jacques Stéphen Alexis. ” http://fr.wikipedia.org/wiki/Fort_Dimanche

According to Wikipedia:  
“Madame Max Adolphe was the right hand woman of François Duvalier during his presidency in Haiti. Adolphe, then known as Rosalie Bosquet, came to the attention of Francois during an attempt on his life.  While she was a low ranking officer in the Tonton Macoute, her courage impressed the President so much that he promoted her to the position of warden at Fort Dimanche.  At the prison, Adolphe continued her strong support of the government and was known for her interrogations of political prisoners.  Daily killings, torture, and beatings were typical at the prison during her tenure. After settling in at the prison, she was then promoted to the Supreme Head of the Fillettes Laleau, the female branch of the Tonton Macoutes.  When Papa Doc died in 1971 and his son, Jean Claude Duvalier took over, she lost lot of her power. Eventually, the regime ended in 1986.  She left the country and her current whereabouts are unknown.” http://en.wikipedia.org/wiki/Madame_Max_Adolphe
(we added the bold)

Note that since her “whereabouts are unknown” it has been rumored that she is still in Haiti, since her daughter is there.  Who knows?  Maybe Madame Max still pulls the strings in Haiti.  Perhaps she is the old lady whispering behind the throne of the presidency?  Recently we read something about old ladies historically being the King makers in Africa and whispering instructions from behind the throne.  If this were a novel, what a wild story that would be!  The Crone behind the Throne. Most likely Madame Max is dead, but no one knows for sure.
If she is dead it appears that her ghost may still be whispering behind the throne of power.  
“Those who cannot remember the past are condemned to repeat it.”  George Santayana, 1905

Note 4:  Out of respect for the late Judge Joseph, we have edited the paragraph.  The original is “She looks in the direction of the noise and sees her husband Jean Serge Joseph try to pick up a container into which he was urinating.  The container fell a second time.  Thus Rachel flies to the rescue of Jean Serge by taking the container herself and holding it so that he can urinate.  At this moment, Jean Serge loses his balance and Rachel holds him by his right arm.”  We do not know why he was urinating in a container.  Was it an emergency due to his illness?  Was it a chamber pot that he used at night to avoid disturbing others in the house?  Was there no indoor plumbing?  Was the toilet broken, considering that a plumber had just gone to do an estimation for work that needed to be done? Although it could be useful from a medical perspective, we wish that this had not been included. Hence, we have taken editorial liberties and put it in a note.