Latest in the battle with the Mayor of Cabarete - 10 MILLION DOLLARS, etc
This is a GOOGLE translation of recent news about the Mayor of Cabarete and the proceedings being filed against him:
The original can be found at:
Cabarete-info.com - Cabaretenews.com
Posted by manolox in February-14-2012 in Cabarete, Tourism
"The Association for the Development of Cabarete (ADECA) announced this week will present criminal charges in the Magistrate's Court in Puerto Plata in which he requests that the Director of the District Board of Cabarete is sentenced to two years imprisonment and disqualified correctional public office for violation of the Law on Free Access to Public Information.
This is the court's presiding judge Jakaira Veras, who on January 5 issued coercive measures against Mayor Gabriel Antonio Mora Ramirez Cabarete (better known as Canoe). Back in April last year the First Civil Chamber of the Judicial Department of Puerto Plata condemned the official and ordered him to surrender the requested public information.
The information was provided by Schedule Victor Mena licensed attorney of Graveley and president of the Bar Association of Puerto Plata, and Michel Gay-Crosier, ADECA acting president. Also attended the press conference in Beijing the lawyer Aristide Trejo, a lawyer who is charged with a criminal complaint filed against the officer in the Department of Administrative Corruption Persecution (CAPD), counterfeiting of the Register of Sessions Members of the Council of the District Board of Cabarete
The instance of prosecution, the lawyer said Mena, the first calls for the prosecution to support a civil constitution made by ADECA, second, that Gabriel Antonio Mora (Canoe) "is sentenced to two years in prison correctional executable on the prison grounds San Philip and the disqualification for five years to hold any office in public administration "
It also requests that Mr. Canoeing is sentenced to ten million dollars "for the damages caused to the community they represent employers in the town of Cabarete for injury to its legitimate and constitutional right to information".
This is the first time an elected official will face criminal action for repeated refusal to comply with the Law on Free Access to Public Information. Mena said that Article 30 of the Law on Free Access to Public Information states that the "public official or agent responsible in arbitrarily denies, obstruct or impede the applicant's access to the information required, shall be punished with imprisonment six months to two years imprisonment, as well as disqualification from public office for five years. "
This case stems from a request for delivery of public information by ADECA on January 12, 2011, the City of Cabarete and directed the departments of Treasury Stock and the Director of the District Board, which requested information income and expense accounting, and contracts signed by this council. The information request was based on Law 200-04 on Access to Public Information.
Mr Canoe refused to grant the request two days later alleging that the city took over as director 16 August 2010 and "such a consequence and logical reasons, the law requires me to 200-2004 no issue, to give or provide information were not in my possession or under my control. "
By not receiving the requested information, the March 10, 2011 ADECA submitted an appeal in the First Civil Chamber of the Judicial Department of Puerto Plata. This court ruled on April 6 and the Board ordered District Canoe "pay all required public information" and gave a time limit of five days to do so. Also fined (or astreinte) of RD $ 2,000 for each day without meeting the court order.
Mr. Canoe did not obey the court order ordering the delivery of information, which is why in May last year ADECA filed a criminal complaint against Canoeing for its refusal to comply with the judgment of the court, but the prosecutor's office Puerto Plata took no action.
In this situation the organization decided to become a civil action and asked the trial court of Puerto Plata order measures of coercion against the director of the Municipal District of Cabarete as part of criminal proceedings initiated by his contempt of the order to provide accounting information and the financial council.
On 5 January this year, the magistrate issued the Puerto Plata coercive measures against the director of the Municipal District of Cabarete. The judge fixed Veras Jakaira a financial guarantee of RD $ 100 000 (certified check or cash) and an impediment to leave the country, also granted a period of eight months to file charges ADECA. Canoeing appealed and on 31 January the Court of Appeal declared his application inadmissible, thus confirmed the validity of the measures against him.
INFORMATION OF DISCORD
The information requested by ADECA, which can lead to prison Canoe, is as follows: from January 2004 until January 2011, all monthly accounting closing schedules and supports; the closing of the fiscal year with its supports and attachments, the manual Procedure for accounting records, bank reconciliations with their supports and attachments, the quarterly accounting, the income and expenditure budget, the debts of the municipality, citing individuals and companies, the list of suppliers, financial statements, copies certified, all building permits authorized, certified copies of all contracts signed by the District Board.
COMPLAINT IN THE CAPD
Canoeing complained against the DPCA both Mr. Michel Gay-Crosier (11 June 2011) and ADECA (24-Oct-2011) for falsification of public document. On this instance Otoniel Bonilla, head of anti-corruption department has not yet been delivered, even though eight months have elapsed from the first complaint.
This action originated in that canoe filed on behalf of the District Board of Cabarete paths Gay-Crosier complaint against an alleged violation of environmental law. After the investigations of the magistrate place Jesus Maria Serum decided to file the lawsuit in August 2010. SE appealed this decision and the magistrate returned to file the lawsuit in September 2010.
Despite this canoe placed a charge on behalf of the District Board of Cabarete and ordered the opening of trial in the Appellate Court of Puerto Plata, who in July declared the termination of the action because there was no evidence that the District Board has granted the power for this action in court.
Canoeing appealed this decision and it presented a special meeting of the District Board, dated 5/11/2009, which never took place, ordering sue Gay-Crosier Michel. For this also altered the Session Minutes Book. According to this act, the Council Members of the District Board had granted powers to the district director at the time, Eddy Morfe Ramon de la Cruz, for Gay-Crosier querellase against. Later Morfe Cross made an affidavit in which he stated that the meeting never took place. In the book of the alteration is evident secretariat to include the meeting of November 5, 2009."
