Marigot: --- Former board members of the Office du Tourisme Josianne Artsen Fleming, Noreen Brooks and Maude Gibs can breathe a sigh of relief from the judgement they recently received from the Appeals court of Basse Terre. The three women were condemned by the court of first instance when attorney at law Aude Richards implicated them in a case in which his brother Alex Richards was involved.The trio was condemned for the abuse of the court system on March 3 2007 to pay Euros 2,500 and Euros 3,500 plus the legal fees the Office du Tourisme endured some four years ago to prepare the case against the tree women. The case was appealed by all three of the board members immediately after the verdict was rendered and on November on 18th 2010 the appeal court issued its findings.
The former President of the Office du Tourisme Romeo Fleming had fired Alex Richards when he was accused of plagiarizing Nievre Tourism plan and presented it to the former commune as St. Martin's plan.
In the verdict of November 18th the court ruled that from the preliminary investigations conducted they have sufficient charges against attorney at law Aude Richards.
The decision further reads that to have, between SAINT MARTIN AND BASSE TERRE, in the department of Guadeloupe, during the month of February 2007 and until March 13, 2007, in any case on national territory and the statute of limitations has not yet passed, by using fraudulent practices, in this case by making Noreen BROOKS, Josiane ARTSEN, Maud GIBS and Eric PAUL believe that they were instituting legal proceedings through Maître Jean Marc FOY, the appointed lawyer, by making these persons give him documents, by paying the bailiff's fees, by participating in the drafting of the writ and the preparation of the file, attempted to deceive the judge in chambers of BASSE TERRE, to cause him to authorize a deed making obligation or discharge, in this case a judgment favorable to the desired purpose, the said attempt manifested by a beginning of execution, in this case the referral to the court by issuing of the subpoena, by personally paying the bailiff's fees, having only missed his effect on account of a circumstance beyond his control, in this case, the decision of rejection taken by the judge in chambers,
Facts mentioned and punished in articles 121-5, 313-1,313-3, 313-7, 313-8 of the penal code.
Upon these grounds the court rule that they order that the case be referred to the criminal court and Richards must be judged in accordance to the French laws.
In consequence, the court ordered that the file for these proceedings, together with the present order, be transmitted to the Public Prosecutor of the Republic.
The court also informed Mr. Richards that he has been indicted and he must report to the public prosecutor if he changes his address during the formal investigation by registered letter with acknowledgement of receipt until the final judgement is rendered in this case.
They also inform Richards that any subpoena, notification or signification will be considered made to his person.
Several efforts made to contact Attorney at law Richards for a comment on the decision on Wednesday has proved futile as he could not be reached by telephone.
