Paul Lismore

[Paul Lismore] A dormant judiciary, "le dernier rempart de la démocratie", now colluding with an authotitarian government

Rédigé par Paul Lismore le Lundi 27 Juillet 2020

How many times have we witnessed this? Some idiot goes to Casernes, whinges that someone has written or said something which has "annoyed" or "inconvenienced" the idiot's fat, lazy, good for nothing arse, and the police immediately springs into action, and either jackboots its way in the early hours of the morning to the home of the one who will be arrested...or sends an invite if the person is someone in a position of authority. What usually follows then is this: the idiot will either withdraw the stupid complaint, or the case dies a natural death through sheer boredom.

In more serious matters, the greatest affront to our human rights, known as the 'provisional charge', is used with alarming rapidity by our gablous, and the person is either locked up for the night or for a few days until a magistrate decides to offer release in exchange for a substantial sum of money as 'caution'.

You may say that this is the normal way of doing things in Mauritius and that would indicate how moronic we have become as a nation that such an injustice can be considered as normal. Let me explain:

In a real etat de droit, and I will use the UK as an example as most of our laws are copied from them, 'provisional charges' simply do not exist. Under PACE, which had already been fully drafted by the Ramgoolam government but which was not enacted by the current dictators in power, a police officer has to charge you within 24 hours of arrest and either charge, release you, or seek an order from the magistrate in order to keep you in custody for a total of 96 hours.

If by then, they do not have enough evidence to charge you ( and the order to either prosecute or not will come from the DPP's office, not the police..), you will be released. 

Here, in our so called etat de droit, the police will arrest you and even without a full investigation into the alleged offence, they will charge you, drag you to the magistrates' court where the most heinous and gravest act of injustice will take place. You have heard of cuit vider?

This is exactly what will happen: A magistrate imbued with an exaggerated sense of self importance and fake grandeur, will rubber stamp the provisional charge without even making a cursory investigation into the nature and weight of the evidence against you! You will then have to wait for months if not years before either the prosecution decides to discontinue the case, or the police has still not finished its inquiries since your arrest some years before!

In the meantime, you would have lost your name, your reputation, your salary, your job, your sense of self respect because of the huge number of palabres by those you thought were your friends and colleagues.

You only have to cast your eyes back at the vast number of arrests related to BAI/Bramer, and how entirely innocent people caught up in the maelstrom of the manufactured hysteria created by a thieving government and its accomplices in the press to realise how the full evil of this cancer known as provisional charges can be used to devastating effect by a nasty and vindictive government.

To those idiots who still believe the Ponzi shit, let me remind them that EVERY ONE arrested under the fake offences related to BAI/Bramer have seen the charges dropped. Whether you like Ramgoolam or not, the fact remains that the malevolent use of the press and the media by the government failed to stop all the charges against him being dropped too.

We can blame the police for behaving like the chattels of this government, and being at the beck and call of people that you would refuse to piss on if they were on fire. We can blame the police for being successively led by individuals who do not seem to have a clue about the vast constitutional powers that they hold, and who instead believe that obeying every stupid order from the PMO is their primary and only duty.

We have replaced one useless Marionette with someone who apparently believes that complete silence is an adequate substitute for real leadership.

But the people we should really blame are the magistrates and the judges who act as collaborators to vile dictators. They will impose ludicrously high and stringent conditions for release on bail on individuals who have never broken the law before, but whose only sin is simply being the targets of a nasty government.

Worse, they will impose those conditions without even a cursory knowledge of the 'provisional charges' against them or the absence of evidence to support those charges. This terrible abuse of power has been looked upon quite benignly by successive Chief Judges who are quick to make wonderful speeches on civil liberties, whilst hardly ever defending the civil liberties of those charged entirely on political grounds.

When will we get a magistrate or a judge who will tell the police and the prosecution: "You want me to remand into custody on the basis of no evidence to support his flimsy charge? You want me to rubber stamp this stupid provisional charge? I won't! Release him/her!" When will we get a Chief Judge who will issue serious guidelines to magistrates and judges re those crazy Provisional Charges, i.e. in the absence of serious evidence, you should give the benefit of the doubt to the person in the dock and tell the police to finish their inquiries before charging people?

I wrote about some of the serious deficiencies in the judicial system in a recent post, but of course nothing will be done.

People are still having to wait for years for their cases to be heard, judges take months to decide on any motion, and sometimes take years to make a judgement...nasty, violent thugs are being released on minimal caution and set loose to create more mayhem....many zavokas are nothing but criminals with a wig....and the press keep telling us that the Judiciary is the Dernier Rempart de la Democratie? Eoula! Al boir in p Javel pou ouver zot lespri do!

The reality is that the judiciary often acts as active collaborators of a government that is looking more and more like a dictatorship. And that is not a Rempart de la Democratie. Far from it.

Here is someone who calls herself a "Senior Magistrate". One day, she will decide on the provisional charge against you. You may wish to tell her she has a sexy body, as she herself thinks she does on her Facebook page...and that might set you free..hopefully.

Lundi 27 Juillet 2020

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