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Don Docker



Posts : 15
Join date : 2011-11-14

PostSubject: Re: Court Cases   Fri Apr 27, 2012 9:13 am

Suzzane: I'm not a fan, and have bumped heads with him lots of times on behalf of APC but I respect him
because when he differs with me he fights his point and he usually has a point to make. We get along for a
lot of years and are on what each of us would call friendly terms. He's hard headed, but that's a common
trait. Many people have been helped by him and those that think he's good for the community went along
to his court case.

I've urged Yash to cooperate with him, but that seems to be out of the question. Gonzalo will motor along
with or without cooperation , and his following is building up.
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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: Court Cases   Thu Apr 26, 2012 3:56 pm

I have always found Gonzalo pleasant enough truthfully I have not been in a situation where I had many dealings with him.
I always went to the Restaurant when he ran it and he was very helpful to us when we needed to setup the old club for Sunday Mass.
I have nothing against the Junta de visinos I applaud any group who work on the betterment of Costambar.
However I do find the what I jokingly call his Fan Club interesting :-)
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Don Docker



Posts : 15
Join date : 2011-11-14

PostSubject: Re: Court Cases   Thu Apr 26, 2012 2:31 pm

Suzzane:

I don't know what you would call it. As we know Gonzalo can be a pain, but he has helped out a lot of people on an individual basis
because of his ability to speak French, English and Spanish. He also knows a lot of people in Puerto Plata who are involved one way
or another in politics.

He started the Junta Vecinos after Yash called him a "F....ing Liar" in a public forum and as you know Latins don't take disrespect well.
He shows a deep aversion to being on the Executive of the Junta. He wants to be a vocal, and it may be this quality that atracts
people when he goes to COORAPLATA, or Edenorte. He's easy to work with in that milieu Claudia, Liana, Minerva Trinidad, Mathias
Mendez and others work with him trying to get better service from the different government agencies. Somebody has to do it, and
these residents are on familiar terms, from years of experience, with the Puerto Plata employees and politicians.

For example this group was responsible for getting the road patched that goes out to the autopista, and are working now with
COORAPLATA and Eng. Eddy Vallarino trying to get the gravity feed system back in service. They don't try to hog the limelight
and in fact don't seem to welcome it. He has a group that like his style even if he does have some rough spots. He cares for
Costambar, but on his terms.

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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: Court Cases   Thu Apr 26, 2012 10:30 am

Thank you Don for the information.
I find it very interesting that Gonzalo has a fan club in this litigation
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Don Docker



Posts : 15
Join date : 2011-11-14

PostSubject: Re: Court Cases   Thu Apr 26, 2012 9:35 am


On the 24th neither Yash nor his lawyer appeared in court. In the morning the Judge wanted to know where they were, but naturally Ganzolo wouldn't be expected to know. He was there
and so were his supporters.

Yesterday we learned the costs assigned were RD $40,000.00 on top of the six days in jail and RD $2,000.00 fine. Yash has ten days in which to file an appeal. Rather than get into the rants about legal systems this one isn't as bad as many would like to think The court of appeal court can refuse to hear the appeal if it doesn't meet certain standards. Just as the appeal courts do from our country, so using the court to stall the sentence only works if there has been a mistake in law.

The court administration in Santo Domingo keep track of the cases that are lost on appeal, and if a judge has too many cases overturned on appeal he/she will be required to take training. President Leonel Fernandez introduced tests for all judges when he became President. Those who failed were required to take remedial traning and those with extremely low scores lost their appointments. Although these are political jobs so are the ones where we come from, even if they are elected.

As it stands Yash has been convicted of a criminal offfence and that stands until a higher court overturns the conviction. His status is not in limbo.
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MarLou



Posts : 21
Join date : 2012-02-16

PostSubject: Re: Court Cases   Wed Apr 25, 2012 11:48 pm

From what I've heard from people who were there, it's gone to Appeal.

So it looks like the Toilets - that's what Louise & I call lawyers, you use them to deal with crap & spend as little time as possible in their company - will be making a killing.

From what we know of the Dominican justice system, this case could drag on for two or more years if all parties are determined to pursue it to its ultimate conclusion. The legal fees are not insignificant if it goes to the High Court in Santo Domingo, which is not an impossibility.

P.S.
I was the accused in a similar case four years ago & my legal fees for the appeal alone were US$5,000, so I am all too familiar with the system.

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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: Court Cases   Wed Apr 25, 2012 4:51 pm

What is the latest outcome in the Yash versus Gonzalo case does anyone know ???? They were to return to court on the 24th that was yesterday
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Raf



Posts : 93
Join date : 2009-04-10
Age : 78
Location : Changeable

PostSubject: Court Cases   Sun Apr 22, 2012 4:02 pm

I agree, Suzanne, and going to the courts has not been something that was done lightly or without considerable discussion and forethought. It was only after the current Election Committee and APC President created such an overwhelming feeling of disenfranchisement that it became the only remaining source of justice. The pre-election was a disorganized farce and the election day was a travesty. Anyone who witnessed the president refusing to answer legitimate questions, and then turning the meeting over to an invisible election committee would have to agree. This is the kind of action that makes long-paying, hard working, association supporters question the legitimacy of it's leaders. The disenfranchisement I felt during this election process was an eye-opener for me as to what so many others have experienced and complained about in the past.
Let us not forget the person who started this parade to the Palace of Justice: Yash Aggarwal in April 2011 when he
had Bob Curtis summoned to court for simply carrying out his duties as Treasurer of the CRIC committee; and then again when he had David Rentzel summoned for exercising his right of free speech. It was reported that Yash made the statement at that time that he "just wanted to scare him".
No, court should not be the answer, but when reason and right are ignored.....what other recourse does one have?
When the "majority" are willing to ignore what is happening in Costambar, what recourse do they leave?
Linda
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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: Court Cases   Sun Apr 22, 2012 12:42 pm

Hello Aida I missed you on this Forum whether we agreed or not you always had many worthwhile suggestions not just criticism.
As always I agree with some things you all are saying and some I do not and some I was not even aware of. BUT.....one thing is sure I feel that all this suing and litigation is very bad for Costambar and for all who make it their home whether part-time or full-time. How on earth would one ever reach a compromise between all the parties if so much of it is spent in Court.
Don't you all agree ?????
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Don Docker



Posts : 15
Join date : 2011-11-14

PostSubject: Re: Court Cases   Sun Apr 22, 2012 11:31 am

Aida:

We've often disagreed but I think you have most of this exactly right.
Unlike Al I think, as you do, that people do care but many of the originals come
here to play golf, go to the casinos, have house parties and generally kick back
as they have every right to do.That doesn't do the day to day stuff that's necessary
to make the place run .

In addition there are many people who live here year round and many who need
to work, but they are still active members of the community and should have input.
To some extent Gonzalo fills their needs for a voice, while when you were here we
were able to talk to him showing respect. That got shot down by Yash.

I have no idea how the present mess will turn out, but we'll know before XMass.

Best wishes to you and Michael.

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aida sosa



Posts : 1
Join date : 2012-04-12

PostSubject: Re: Court Cases   Sat Apr 21, 2012 9:17 pm

Dear Raf.
You probably will not get any reply or support to your correct account of what you have written, but for what its worth I believe you .
I truly understand your frustration.
Two and half years ago I felt the same feelings when tried to open people’s eyes to a fraud called Yash but no one listened. God bless Al he use to tell me`` Aida let it go no one cares”
You see there are few groups of people live in Costambar, the first group are the winter visitors whom pay their maintenance fees diligently plus all other kind of donations , be it time or financially. The 2nd group whom have made Costambar their year around home, some work in DR some have retired who had all the good intentions to be good citizens but some have been discouraged by the way the people in charge have handled the task in Costambar and have given up on it.
Then we have the ones that are hiding in Costambar for whatever reason or the degenerates and will never live up to their responsibilities..
Unfortunately our winter visitors whom truly run Costambar somehow forgot about the rest of the citizens who wanted to work for the community but did not belong to that group.
In the process many number of hard working, well intentioned individuals were turned away.
.
Yash for years did not pay his fees but no one cared everyone was mesmerised by him.
When I wrote on the group e mail this truth Yash called me ignorant and threatened to sue me, no one was interested in seeing the sheets that I had acquired from APC office.
I had a meeting at one of the election committee member`s home with` another election committee member and two independent observers, in that meeting I presented all the proof that the changes that were made to the election process were legal and done in a proper fashion, the two election committee members accepted it we all shock hands ,I left with feeling that all is finally going to be put straight.
Two days later after election committee met with the old gourds of Costambar they made a 180 turn and everything went back to the old ways and road was clear for Yash to be president..Someone told me Yash was elected before even there was a election.
I realized that Al was right.
I still cannot believe how anyone could trust a man that with all the proof that was available that had not paid his fees accurately for years and let others pay for the expense of running Costambar would want Yash to run their community and work for betterment of everyone’s investment. One need to ask what has he really done for Costambar.
Yash was and is a fraud that was only hungry for power. It truly makes me sad to see what is happening to Costambar.

Aida


Last edited by aida sosa on Fri Apr 27, 2012 4:52 pm; edited 1 time in total
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Raf



Posts : 93
Join date : 2009-04-10
Age : 78
Location : Changeable

PostSubject: APC LEGAL FEES RESOLUTION.   Sat Apr 21, 2012 11:36 am

As a clarification, kindly allow me to state the following:

I was a member of the 2010-2012 APC Board, at the time the resolution was passed, that empowered APC to pay for legal fees of Board members that were sued when acting on behalf of APC.

I was present at the 1-30-12 APC Board meeting, when that motion was introduced by Yash Aggarwal himself, allegedly on account of threats and insinuations the Elections Committee had allegedly received. The two members of the Elections Committe attended that meeting, invited by Yash. It was immediately clear to me that the entire thing could then be utilized to cover Yash's present and future personal legal fees and as such, I voiced exactly those concerns.

Based upon that premise, Jack Cameron and myself strenously objected to the motion, but the rest of the Board was in favor of it. Then, we presented an ammendment to the motion, by virtue of which, litigation(s) of a personal nature would not be covered by this resolution. All agreed to this ammendment (including Yash himself) and the motion passed, with Cameron and myself voting against it.

To this very day - nearly 3 months after the fact - I have been unable to obtain an official copy of the minutes pertaining to that meeting, in spite of having requested them from the APC Office on numerous occasions. Bear in mind that as a member of that Board, I was - and still am as a member of APC - entitled to see and have a copy of the said minutes.

As most of you know, 2 weeks ago, a formal written request signed by 42 APC members and addressed to the president and treasurer, was delivered to the APC Office, requesting an itemized 12 month accounting of all legal fees paid by APC, the actual work for which such fees have been paid and to whom. To this date, not a word has been heard or received from either one of them.

These actions are all in open defiance to and disobedience of Costambar's Statutes.

And this is the truth, nothing but the truth, so help me God !!


Raf Belliard
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Don Docker



Posts : 15
Join date : 2011-11-14

PostSubject: Re: Court Cases   Sat Apr 21, 2012 8:56 am

The resolution that was passed by the Board is wide open to pay all legal expenses. Now we both know that would refer only to legal expenses
incurred on behalf of APC, although it's not specific, but it doesn't exclude payment for acts of malfeasance committed on behalf of APC. Yash
was acting as President at the time so this might be taken to include the fine, his legal fees, the court costs, and any damages assessed to
Gonzalo Bustus. I suggest its up to the Board to decide if they pay. That's a lot of money.

I wish we had never gotten ourselves into this fever of litigation. We are so bogged down with this nonsense nothing else is getting done.
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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: Court Cases   Fri Apr 20, 2012 4:28 pm

That sounds like a good idea! I don't know enough to judge Don but would that then take care of the problem of Attorney fees being paid for the Board by APC ????
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Don Docker



Posts : 15
Join date : 2011-11-14

PostSubject: Re: Court Cases   Fri Apr 20, 2012 12:59 pm

Suzzane:

The discussion that brought on the charge came about while he was acting as the President of APC
in relation to the payment of fees etc. I agree that he will show enough good judgment to pay the
expenses related to his conviction without asking us to contribute. A malfeasance amendment should be
placed on the resolution relating to payment of legal costs.
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suzb



Posts : 108
Join date : 2009-04-10

PostSubject: Re: Court Cases   Fri Apr 20, 2012 12:10 pm

Let's try to be kind and positive!
I am sure Yash cannot possibly entertain the thought that APC will pay Attorney fees and fines for his suit with Gonzalo to my knowledge it has nothing to do with APC it's strictly a personal matter.
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eli



Posts : 24
Join date : 2010-07-08

PostSubject: Re: Court Cases   Thu Apr 19, 2012 11:32 am

At the time of just past election Yash demanded a police report from each and every candidats, this was to make sure no one with criminal recored would be a board member. Well Yash you have a criminal record. so, YASH BEAT IT.
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eli



Posts : 24
Join date : 2010-07-08

PostSubject: Re: Court Cases   Tue Apr 17, 2012 8:25 pm

Yash is going to make sure any court costs will be paid by APC because he is already calling for a board meeting to discus course of action....that is funny WHY APC??? Get that clown out of there. No more fees for me, I will not pay until he is out of APC BOARD.
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gusgmn



Posts : 22
Join date : 2009-04-14

PostSubject: Court Cases   Tue Apr 17, 2012 2:06 pm

This morning a judge of the penal court in Puerto Plata sentenced Yash Aggarwall to six (6) days in prison and RD$2,000 pesos fine for violation of Article 308 of the Dominican Republic Penal Code, verbal threats. On Tuesday, April 24, the Judge will read the final sentence which will include, additionally, compensatory damages and Court costs.
Esta mañana un juez de la corte penal de Puerto Plata, condenó a Yash Aggarwall a seis (6) días de prisión y una multa de RD$ 2,000 por violación del Articulo 308 del Código penal Dominicano, amenaza verbal. El Martes 24 de Abril el Juez dictará la sentencia final incluyendo, adicionalmente daños compensatorios y costos del proceso.
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