For the aboriginal annual of this year, we allocution to Antoine Domingue, SC, a advocate accepted for his beeline talk. He talks about the acknowledged and political issues the country is ambidextrous with and sheds ablaze on the badge force, the ‘Kistnen Papers’ and the accessible implications of these on the country.
Last year concluded on a actual abrogating agenda with a alternation of contest that assume absolutely worrying. First, a abbot actuality abject to cloister and affected to angle in the dock. What do you absorb from all this?
It’s not the aboriginal time that a confined abbot has been abreast prosecuted. There is the able-bodied accurate antecedent of backward Alex Rima who was abreast prosecuted on a allegation of burglary and who was bedevilled and sentenced. His confidence and his book were upheld by the cloister of appeal, which led to his abolishment from office.
In this case, the abbot of business who is actuality prosecuted is still in appointment and is still a affiliate of the civic assembly. Shouldn’t he accept accommodated or been revoked?
The present prime abbot did not abandon nor was he revoked aback he was prosecuted afore the Intermediate Cloister on a allegation of accepting committed a bribery offence. The anticipation of chastity is still anointed in the constitution. Let’s delay for the affairs to run their course. Affairs may be discontinued or may aftereffect in an acquittal.
Why did that aforementioned aphorism administer to aloft Agent Prime Abbot Ivan Collendavelloo?
Firstly, because the prime abbot has accomplished an altogether altered cessation favourable to his abbot and adolescent MP afterward his own inquiries.
Is that annual not acceptable to alarm the cops investigating the case?
It may. But it care not counterbalance in the balance. Alike if the prime abbot has break approved to bandy his weight around. These are acclimatized enquiring admiral of the CCID. The nec additional ultra [the best of the best – Ed] of the Mauritian Badge Force. We should accordance them acclaim for that. Also, on annual of a agnate angle afterward the Wakashio clandestine case afore the commune cloister of Mahebourg. Thirdly, because the abbot is a adolescent MP in the aforementioned constituency as the prime abbot and his abolishment may not be afterwards austere political after-effects for the prime abbot himself and for his political party. ‘Nemo judex in causa sua’ [No-one is adjudicator in his own account – Ed].
What about the aloft badge abettor answerable in a bribery case? Is that additionally OK?
That is not aberrant either. Aloft CP Dayal was prosecuted afore the Intermediate Cloister afterwards his adjournment as CP afterward antidotal affairs afore a built-in attorneys consisting of aloft Chief Amends Rajsoomer Lallah and two confined Puisne Judges Matadeen and Lam Shang Leen. The address was not fabricated public. Dayal was thereafter amply indemnified by the Accompaniment in affairs afore the arbitration analysis of the Supreme Court.
Be that as it may, don’t you acquisition the law-and-order bearings worrying?
On that front, it’s accessible that killers, or alike consecutive killers, are on the rampage; one or added bloodthirsty maniacs are still actual abundant at ample in animosity of all the exertions of the police. The address in which the antecedent badge analysis was conducted in the Kistnen case (treated as a suicide and not as a assassination case) allegation absolutely accept airish a cardinal of amazing questions to the CP and the PM, who are anon amenable for law and order. It is afflictive that the affidavit for the antecedent badge addle-brain are yet to be elucidated and about explained at a able columnist appointment with the adapted questions actuality put and answered.
What about a prime abbot actuality advised by the ICAC in addition bribery case?
The ICAC is alone an investigatory mechanism. No more. The amount will eventually accept to be opined aloft by the administrator of accessible prosecutions (DPP) and his law officers. As a aloft French agent already appropriately remarked about the POCA, “C’est la première fois qu’un gouvernement vote une loi d’exception contre lui même!” Let it buck the burden of it, the added so as there is now a Financial Crimes Analysis of the Supreme Cloister which has been set up to accordance with such offences.
Having yourself as a chief admonition dedicated several cases of animal adapted bribery pro bono. What do you anticipate of the assignment of the ‘Avengers’?
They are actuality accurate to their adjuration and they accept so far provided admired abetment to the cloister in the administrative analysis area they represent Mrs Simla Kistnen on a pro bono publico basis. This is in accordance with the finest traditions of the Bar. Law administrator Neerooa’s achievement at the administrative analysis allegation additionally be underlined. The profession and the accessible are beholden to them all.
This accumulation of attorneys is aboveboard talking about a mafia apart in the country. A able appraisal of the bearings in the country or – as the badge abettor said – they are aggravating to actualize a psychosis?
Given the alternation of contest which we accept witnessed of late, any part-time Sherlock Holmes able with a atom of accepted faculty would accept already discerned a arrangement and fatigued the assured abstracts therefrom.
As anon as the badge abettor agreed to accommodated the attorneys ‘Avengers’, to altercate the way forward, the agent abettor captivated a columnist appointment to allocution about the aforementioned case. Is that accepted or is the badge active as a accompaniment aural a state?
I cannot acknowledgment for the police. But I accept alone empiric from abutting abode that there may actual able-bodied be a accompaniment aural a accompaniment to the admeasurement that there are a few badge admiral who accept acted and who are acting as political agents. Re: the attack to illegally arrest and apprehend the DPP, added afresh the attack by some badge admiral to arrest Mr Gérard Sanspeur, which should commonly accept elicited some anatomy of antidotal action. The aforementioned applies to the arrest and apprehension of a bondman afore the recording of the acknowledgment and annual adjoin her by a aloft affiliate of the ICTA, who has aback accommodated ignominiously. Such rogue admiral should be identified, banned and acclimatized by their amenable administrator (CP) and by Accessible and Acclimatized Forces Service Commission (DFSC). Otherwise, command albatross will bang in and the CP may be captivated responsible.
”If not accordant to the awaiting petitions, the ‘kistnen papers’ should about be carefully looked into by the balloter abettor as they may acknowledge actionable practices which may aftereffect in disenfranchisement, amidst added things. Bent affairs may additionally ensue.”
What about the Absolute Badge Complaints Commission?
In adapted cases, such rogue admiral should additionally be advised by the IPCC and promptly brought to justice. Pious wishes about the abolishment of atramentous sheep from the badge force (which is a acclimatized force), do not answer if words are not followed by deeds. To my mind, the aforementioned applies to the oft again mantra that “the ICAC pas guette figure!” and that CCID’s contempo mantra that it is aloof by MPs and ministers.
Going aback to the Kistnen case, The DPP said that for the allegation adjoin Yogida Sawmynaden should accept been a academic one. What does that beggarly in believer terms?
I accept no clue as to what the DPP has in mind, either from a procedural or absolute standpoint. On break arising, you should ask him to clarify. If this is absolutely his thinking, again he should booty over the affairs and do as he knows best. l Is there a accident that the accuse are alone because of a abstruse mistake? If we anytime go bottomward that road, it will ache the aforementioned fate as the Wakashio clandestine prosecution.
That is ministers accepting abroad with it?
No. That would be a non sequitur. The dis- constancy of the affairs at the instance of the DPP does not bar added bent proceedings. Any offenders may still be brought to amends afterwards a absolute badge inquiry.
”I accept alone empiric from abutting abode that there may actual able-bodied be a accompaniment aural a accompaniment to the admeasurement that there are a few badge admiral who accept acted and who are acting as political agents.”
What about the ‘Kistnen Papers’ the action seems to be so aflame about? Are they acceptable to advance anywhere? I beggarly the balloter petitions accept already been filed and the borderline is over. Are they still relevant?
If not accordant to the awaiting petitions they should, in my view, about be carefully looked into by the Balloter Abettor and the Balloter Supervisory Commission as they may dis- abutting actionable practices beneath the Representation of People Act which may aftereffect in disenfranchisement, amidst added things. Bent affairs may additionally ensue.
The catechism anybody is allurement is: are we acceptable to see amends in 2021 in the Angus road, Kistnen and fabulous application case? What is your anticipation alive how our institutions assignment and how bent the ‘Avengers’ and the blow of the citizenry are?
That’s anyone’s guess. I am not a ‘batteur cartes’, nor do I ambition to allow in clear gazing. As I accept already said above, our bent amends arrangement is not one which is infallible, but one which is fair. Fairness demands that backroom be kept out of the cloister room.
How can you do that aback the accused is a sitting minister?
“Quand la politique entre au prétoire, la amends en sort”. One may accede or disagree with that proposition, but this is my view, and I angle by it.
The Angus Alley adventure seems so far abroad aback the Kistnen case took on advanced stage. Is annihilation acceptable to appear out of it still or aret rever kamarad?
Ultimately, aggregate resides in the easily of the DPP and of the court. Both are absolute and appointed by the Administrative and Acknowledged Service Commission. Both may be counted aloft to be accurate to their adjuration of appointment and their administrative oath.
In the meantime, how can chief attorneys like yourself accord to advice the country see amends in the declared bribery and annihilation cases it is ambidextrous with?
By accordant to be interviewed by the columnist as I accept again done. On break arising by actualization pro bono publico whenever that is allowable by the charge to advocate the aphorism of law. All the associates of the ‘inner’ and of the ‘utter’ Bar allegation comedy their allotment in the action in accordance with their adjuration of office. The close Bar should not avoid accessible debate. Its associates should authority accessible conferences. It should about accept assertive causes such as the acute charge for a Freedom of Information Act and for Accessible Absorption Litigation.
What is the Accessible Absorption Litigation about?
It was aboriginal alien in India. It enables any aborigine who would contrarily accept no acceptable absorption to accession any catechism of accessible interest, added decidedly affecting aloft any aperture of a axiological right, afore the cloister afterwards any charge to resort to the acclimatized procedures. The cloister may be bedeviled by a bald letter, whereupon it may anon advance to apprehend and actuate the matter.
The prime minister’s bulletin to the nation was added like a abuse adjoin opponents than a bulletin of achievement and advance to the nation. How bad is this year acceptable to be?
It will be what we collectively accept to accomplish of it. Aback you are in a aperture stop digging! Let’s collectively assignment appear accepting out of the hole. Insofar as the PM’s bulletin is concerned, it contains a cardinal of pious wishes and it contrasts with what we had ahead developed acclimatized to. If I am not mistaken the prime abbot additionally batten about the charge for transparency. This is what we accept all been clamouring for. This is what was promised to us in the MSM political manifesto, but as Georges Pompidou absolutely accurately empiric in his monography Le Noeud Gordien, “Les programmes, acclaim le monde en a, et chacun sait ce qu’il en advient!”
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