The judge assigned to investigate the murder of Haiti's most prominent journalist has fled that country, citing fear for his safety and disgust at what he sees as the lack of judicial independence.

 Claudy Gassant is living in South Florida and plans to stay at least a year. He is considering whether to request political asylum.

 ``The only thing I know is that I'm not going back yet,'' Gassant, 36, said during an interview Thursday. ``I'm reflecting.''

 Gassant has left Haiti at a time of escalating violence between supporters of President Jean-Bertrand Aristide's Lavalas Family Party and the Convergence Alliance,
 attacks on journalists and increasing international scrutiny.

 Earlier this week, the Organization of American States called for an independent investigation into the Dec. 17 attack on Haiti's National Palace, which the Haitian
 government calls a coup attempt. And on Wednesday, during a tour of the Dominican Republic, Aristide expressed a willingness to meet with the opposition.

 Before Gassant arrived in Palm Beach County 10 days ago, he had spent 15 months investigating the double murder of radio journalist Jean Dominique and security guard Jean-Claude Louissant. Dominique, an advocate for change and friend of former President Rene Preval, was shot seven times in April 2000 in the courtyard of Radio Haiti Inter in Port-au-Prince. Louissant was slain at the same time.

 The case has included the interrogation of powerful people with close ties to Lavalas, and complaints of government meddling. It has drawn the attention of international filmmakers, actors and human rights observers.

 Six suspects have been detained and more than 80 people have been questioned, including the powerful Sen. Dany Toussaint, who has close ties to the party. Toussaint has said he is innocent. Gassant had asked that Toussaint's parliamentary immunity be lifted to allow further questioning, but the Haitian Senate has yet to agree to the request.

 Gassant, who tried to step aside from the case at least once amid complaints of government interference and concerns for his safety, even watched in horror on Nov. 9 as a mob killed prisoner Panel Renelus in front of him. Renelus was wanted in connection with the investigation.

 ``I couldn't do my job,'' said Gassant, who also complains of being undermined by colleagues. ``Even inside the court I did not feel safe.''

 Gassant said a turning point came on Dec. 21 while he was sitting in traffic behind another car in front of the National Palace. The other driver backed up, crashing into his car and breaking his headlights. Four police officers then approached and one of them aimed an automatic rifle directly into his ear.

 ``He asked me who I was,'' Gassant said. ``I didn't answer. Then one of them said, `That is Judge Gassant.' ''

 The officers left without an apology. That act of what Gassant views as intimidation, following several threats throughout the investigation, compelled him to leave.

 His decision, he said, became even more urgent after his three-year term as judge expired on Jan. 4 without being renewed by Aristide, and his office keys were taken away.

 ``My mandate not being renewed exposed me more,'' said Gassant, who once was assigned two guards armed with heavy machine guns. He said he hasn't had
 consistent protection for months.

 Gassant had said for some time that he would not seek reappointment, but expressed ambivalence Thursday.

 ``I have a lot of respect for President Aristide,'' said Gassant, who holds out little hope that the president will ask him to continue the case. ``If he were to renew the
 mandate, I would find myself in the impossible position of being unable to say `No.' That would tell me he has confidence in me.

 ``But because I know he cannot protect me as a result of what I've experienced, I don't think that would make me return.''

 Luc Especa, Aristide's spokesman, said the president is still reviewing the opening.

 Michele Montas-Dominique, the widow of Jean Dominique, said Gassant is not the only judge not reappointed.

 ``We have four other judges who are waiting, too; they haven't gone to South Florida. They are here,'' she said. ``Yes, they are on less delicate cases. I realize it is
 extremely difficult and dangerous for him. This I recognize, and admire him for going this far on this.''

 She said she intends to keep fighting to get Gassant's mandate renewed.

 ``If we don't get justice, it's a signal that impunity can reign. If we don't get answers in this case, the country is in trouble,'' Montas-Dominique said. ``I will do whatever it takes to get this case to court.''

 Brian Concannon, a U.S. lawyer helping Haiti's government prosecute human rights cases, said he understands Gassant's frustrations, which he says he and others have also felt.

 SHARES BLAME

 ``The Jean Dominique case certainly has had its share of obstacles,'' he said. ``Judge Gassant complained a lot about not having certain things and certainly if he had had more he would have been able to do more work. But he had more than any other judge in any other case in Haiti's history.''

 Concannon said Gassant was to blame for some of his own problems, by provoking confrontations with traffic police.

 He said it would be difficult to replace Gassant should the mandate not be renewed or should he refuse to accept a renewal.

 ``Anytime you lose a judge like Gassant in a country like Haiti, you face difficulty to replace him,'' Concannon said. ``If you keep at it, things will work out.''

 Gassant also believes that. He says justice shouldn't depend on his involvement.

 `NEVER WANTED' TO GO

 The judge says his decision to leave was a difficult one.

 ``I never wanted to leave Haiti. It's my country, it's where I am at ease,'' said Gassant, who said he is torn between his love for Haiti and desire for his family to be safe. ``I've always said it would be a difficult situation for me to leave Haiti. And today that is the situation I am in.''

 Why he remained on the case for so long, even though he sent his wife and child to safety in South Florida last year?

 ``This is all I know. This is what I spent six years in the university in France studying -- for me to return to Haiti,'' he said.

 ``This case permitted me to see [that] justice is not really independent because the decisions on whether to permit a case to be investigated, to continue, depend on the will of the executive branch.''
 

                                    © 2002