Can't read it? Listen now!
A high-profile corruption case involving Haiti’s National Credit Bank (BNC) has taken a contentious turn as Presidential Transition Council (CPT) advisor Louis Gérald Gilles has formally requested the recusal of all investigative judges in Port-au-Prince, alleging bias and procedural irregularities.
Allegations of bias and legal challenges
Gilles, summoned for questioning on December 9 over allegations of corruption, has accused the judicial system of unfairly targeting him and two other presidential advisors, Emmanuel Vertilaire and Smith Augustin. The charges include abuse of authority and bribery, stemming from accusations by former BNC board chairman Raoul Pierre-Louis, who claims the advisors demanded 100 million gourdes to secure his position.
Through his attorneys, Gilles argues that the investigation led by Judge Benjamin Félismé is tainted by “legitimate suspicion” of bias. His legal team has submitted a motion to recuse all judges at the Port-au-Prince First Instance Court, contending that their client’s constitutional protections as a presidential advisor have been ignored.
Constitutional protections in question
Gilles’ lawyers claim that Haitian law requires cases involving high-ranking officials to be handled exclusively by the High Court of Justice, a body currently non-operational. They argue that Judge Félismé overstepped his authority by issuing a subpoena, bypassing constitutional safeguards.
“The Constitution is clear—no judge has the right to proceed against a presidential advisor outside the framework of the High Court,” said Gilles’ attorney, Ephésiens Joissaint, adding that the lack of this judicial body should not justify ignoring constitutional law.
The defense also criticized Félismé for procedural missteps, including escalating a voluntary summons to a formal subpoena. They argue these actions undermine the credibility of the investigation.
Corruption allegations and broader impact
The corruption charges stem from a report by Haiti’s Anti-Corruption Unit (ULCC), which called for criminal proceedings against the advisors for alleged bribery and passive corruption. The advisors have denied the accusations, labeling them politically motivated.
The case highlights Haiti’s ongoing struggle with governance and accountability. Critics worry the controversy could erode trust in the judicial system, while supporters of the investigation view the recusal request as a tactic to delay or avoid justice.
The Port-au-Prince court must now decide whether to uphold Gilles’ motion for recusal. In the meantime, the investigation into the BNC case continues, with hearings for the other advisors scheduled for December 10 and 11.
The outcome of the case could set a critical precedent for how Haiti addresses high-level corruption, amid calls for greater transparency and rule of law.
Haiti’s National Credit Bank corruption case deepens as resolution looms (Updated December 10, 2024 11:20 pm)
Calls for recusal and resolution in BNC case
The corruption scandal involving three presidential advisors—Louis Gérald Gilles, Emmanuel Vertilaire, and Smith Augustin—continues to evolve as Haiti’s Presidential Transition Council (CPT) grapples with internal and external pressure. The advisors, accused of bribery and abuse of authority in a case tied to the National Credit Bank (BNC), have denied the allegations and refused to cooperate with the Port-au-Prince judicial process, claiming constitutional immunity.
As the investigation unfolds, sources indicate that a resolution has been drafted to temporarily sideline the accused advisors while they retain their privileges pending judicial decisions. If the accused fail to endorse the resolution, the four unimplicated CPT advisors, along with two observers, may move forward with an alternative resolution under growing international scrutiny.
Accusations of bias and constitutional concerns
Gilles, who was summoned for questioning on December 9, has accused Judge Benjamin Félismé of bias and procedural errors. His legal team has filed a motion for the recusal of all judges at the Port-au-Prince First Instance Court, alleging violations of constitutional protections that grant presidential advisors immunity from prosecution outside the High Court of Justice. This body, however, is currently non-operational.
Gilles and his co-accused have refused to appear before the investigative judge, arguing that the summons and subsequent subpoenas violate their constitutional rights. Ephésiens Joissaint, Gilles’ attorney, emphasized that Haitian law explicitly requires cases involving high-ranking officials to be adjudicated exclusively by the High Court. Critics argue that bypassing these safeguards undermines the rule of law and judicial integrity.
