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The Tribunal, after having deliberated the matter according to the law, returned the following sentence in the business setting Mr. Phelicien Michel and Mrs Louna having for lawyers Mr. Maismy Mary FLEURANT, Guercy ANGRAND, Ibréus André PHENICIEN Jean of the Bar of Fort Liberté against Mr. Alex CORONA, head security agent at the Ouanaminthe CODEVI (Compagnie de Développement Industriel S.A) manufacturing and against the Ouanaminthe CODEVI (Compagnie de Développement Industriel S.A) of which he is the head security agent, for blows and voluntary injuries at their prejudice.

Whereas on March second (2) 2005 the named Phelicien MICHEL and Mrs. Louna ELFRAUS cited Mr. Alex CORONA, head security agent of the CODEVI business and the Company itself in the name of which he acted;

Whereas the specified matter was called and retained at the March second hearing and set back to a later hearing;

Whereas on the date of March 22nd, the specified matter was heard and all the venues traced by the Article 166 of the Code of Civil Instruction were respected;

Whereas the witnesses were heard and explained the conditions in which the CODEVI security agent mistreated the named Phelicien MICHEL and Mrs. Louna ELFRAUS, fully pregnant, with stick blows, kick and rifle butt blows, during work hours, as CODEVI employees.

Whereas the named Miratel JOSEPH, Camélus CHERISTIN, Arsène ALMONORD, witnesses, admitted that these deeds occurred;

Whereas, they say, Mr. Alex CORONA, head security agent at the Ouanaminthe CODEVI (Compagnie de Développement Industriel S.A) industry acted in the name of the said company which endorsed these ill treatments against the victims since he was not penalized further on;

Whereas, continue the witnesses, the named Alex CORONA was solicited by the CODEVI management to act in this fashion;

Whereas, the hearing facts reveal that the victims were left on the floor soaked in blood;

Whereas a Medical certificate was delivered to the victims of their physical state after the blows and injuries inflicted upon them by the named Alex CORONA;

Whereas the Ouanaminthe Justice of Peace, Mr. Luckner TOUSSAINT, recorded the minutes establishing the painful situation in which Mrs. Elfraus was;

Whereas following the mistreatment inflicted by Codevi’s head security agent, Mr. Alex CORONA, the victims Phelicien MICHEL and Mrs. Louna ELFRAUS were incapable of resuming work for over a month;

Whereas the depositions made under oath by the victims all clearly revealed that the named Mrs. Louna ELFRAUS and Phelicien MICHEL were cowardly aggressed by Alex CORONA;

Whereas the Prosecution requested the Tribunal recognize as guilty of blows and voluntary injuries on the named Phelicien MICHEL and Mrs. Louna ELFRAUS, to condemn him to three (2) years of imprisonment following the stipulations of the Penal Code’s Article 354 and to condemn the CODEVI company, in the name of which Alex CORONA acted, to punitive damage towards the victims;

Whereas the Company’s lawyer solicited for the Tribunal to not take notice of the Prosecution’s indictment, to not condemn the Company to pay punitive damage, as it does not recognize having a security agent named Alex CORONA;

Whereas the parties had their say at turns, and the defense had it last;

Whereas there is therefore reason to, on the basis of the hearing’s facts, pursue against the named Alex CORONA for blows and voluntary injuries on the persons of the named Phelicien MICHEL and Mrs. Louna ELFRAUS; that there is also reason to condemn CODEVI to punitive damage in favor of the victims, in the name of which acted as head security agent Alex CORONA;

BY THESE CAUSES AND MOTIVES

On the legally conform indictment of the Prosecution, declare having recognized as guilty the named Alex CORONA head security agent of CODEVI for blows and voluntary injuries at the prejudice of the named Phelicien MICHEL and Mrs. Louna ELFRAUS employees of the above mentioned company during the very hours of their work and within the Company. Condemn him to three (3) years of imprisonment according to the stipulations of Art. 254 of the Haitian Penal Code. Also condemn the Ouanaminthe CODEVI (Compagnie de Développement Industriel S.A) for which the head security agent Mr. Alex CORONA was working and in the name of which he acted, to pay a million gourdes (1, 000,000) of punitive damage to the victims, the named Phelicien MICHEL and Mrs. Louna ELFRAUS, individually, for the prejudices caused towards them and the expenses and fees of the procedure. State and declare also that this judgment is to be executed upon minutes notwithstanding appeal, transfer towards the Supreme Court and forbiddance of execution. State and declare, finally, that in the case of non-payment of punitive damage, mobile and immobile property of the CODEVI company shall be impounded at the profit of the victims. Which will be carried out.

Given by us, Mr. Joseph Alfred MANIGAT, Attorney – Judge and Examining Magistrate, ad interim, at the Fort-Liberté Tribunal of Hearings, in the correctional and ordinary public hearing of April 6th, 2005, two hundred and second year of the Independence, before Mr. Wilfrid Brutus representing the Prosecution and with the assistance of the citizens Bernathol Phanord and Hector Blaise, respectively clerk of the court and sitting bailiff.

It is ordered etc…

In witness whereof…

The present judgment is signed by us and our clerk.

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