BREAKING ICAC NEWS: NEW BOSS @ICAC: SIMPLY READ THROUGH AND I WELCOME THIS APPOINTMENT NOT BECAUSE HE RELEASED ME ON BAIL IN THE SIK YUEN MATTER BUT,CONTRARY TO UJODAH, HE WAS FAITHFUL TO HIS OATH OF OFFICE AND DID NOT ALLOW HIMSELF TO BE INTERFERED WITH; WHILST HAMUTH DPP + MADHUB AND BOOLELL APPLIED FOR A REVIEW- CAUSE SIK YUEN INTERFERRED - CAUNHYE AND MATADEEN JJ QUASHED THE JUDGMENT OF THE MAGISTRATE AND I WAS REMANDED TO PRISON –AS BOTH JUDGES’ DIRECT BOSS WAS INVOLVED- I PETITIONED DIRECTLY TO THE JUDICIAL COMMITTEE- IN THE MEAN TIME, MAGISTRATE AUJAYEB WAS BLACK LISTED AND REMOVED AS MAGISTRATE AND TRANSFERRED TO THE STATE LAW OFFICE. Dev Hurnam [Appellant] v. The State [Respondent]PC Appeal No.53 /2004 FROM THE SUPREME COURT OF MAURITIUS JUDGMENT OF THE LORDS OF THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL, Delivered the 15th December 2005 Present at the hearing: Lord Bingham of Cornhill, Lord Scott of Foscote, Lord Carswell, Lord Brown of Eaton-under-Heywood, Lord Mance, [Delivered by Lord Bingham of Cornhill] SIMPLY READ THE FOLLOWING HOW THE TWO JUDGES TO PLEASE THEIR BOSS: A] ZOTTES FINE APPLIQUE REPEALED LA LOI- LA LOI KI PAS APPLIQUER:B] INTERFERENCE BY OTHERS AS CITED IN THE CASE OF MALOUPE ACOTE MO TI AVOCAT MALOUPE- ET MATADEEN NOW CJ KI TI INTERFERE :JUSKA SA ZOTTES FINE FAIRE POUR BLOKE MOI: READ EXTRACT: The presumption of innocence, guaranteed under the Constitution, should operate in the applicant’s favour. Up to this point the Board respectfully agrees with the judgment. But in its penultimate sentence the judgment concludes: “As the charge levelled against the accused, albeit provisionally, is one of murder, we find no reason to depart from the standard practice of this court in such cases to refuse a release on bail.” This sentence sits uneasily with the rest of the judgment, as if contributed by a different hand, and is a reversion to the discarded, pre-1999 Act, approach. It was later disowned by the Supreme Court: And read their conclusion acote Privy Council FELICITE MAGISTRAT LUTCHMEEPARSAD AUJAYEB : READ Conclusion 25. The reasoned judgment of the Magistrate cannot be faulted. He did not overlook, minimise or discount the seriousness of the offences with which the appellant was charged. But he did not, rightly, treat this as a conclusive or all but conclusive reason for refusing bail. Instead he addressed, rightly, the wider question whether, given the seriousness of the alleged offences, it was necessary to refuse bail in order to serve one of the ends for which detention before trial is permissible. He concluded that it was not. In reaching that conclusion he did not undertake an over-elaborate dissection of the evidence. He took a broad approach which followed the guidance in Maloupe. ZOTTES DIRE KI CRITIK CONTRE JUGEMENT MAGISTRATE APR LA COUR SUPREME WAS ABJECT: mo fine subir tous sa injustices la mes amis: The criticisms of the Magistrate’s judgment made by the Supreme Court, and strongly expressed, were not merited, and the Supreme Court fell into error in treating the seriousness of the offence as an all but conclusive reason for refusing bail. As shown above, this was the approach adopted when the 1989 Act was in force, but it is an approach inconsistent with the intent of the 1999 Act, with the rationale of that Act as expounded in Maloupe (save for the penultimate sentence) and with the Strasbourg jurisprudence, to which it is proper to have regard. 26. The appeal must be allowed, and the order of the Supreme Court set aside. Bail is continued on the same terms as those set out in the Board’s order dated 19 July 2004, subject to a temporary variation ordered by a District Magistrate on 28 October 2005. The respondent must pay the costs of this appeal. Et L’Etat fine paye a peu pres 35 thousand pounds as Costs. Mais pas croire ki kand Monsieur Aujayeb fine paraitre contre moi until this day dans bannes cases contre letat mo faire li cado! No way, I am still directed by law. But mo felicite the new Boss of the ICAC and I hope that he does not entangle himself in the political embroglio!!! Congrats Raj and Bonne Chance. 30 December 2014.
Posted on: Tue, 30 Dec 2014 15:24:48 +0000
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