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Paul Lismore

[Paul Lismore] D Day for our justice system tomorrow...


Rédigé par Paul Lismore le Dimanche 18 Avril 2021

" For far too long, victims' rights have been discussed only in the context of sentencing. Sentencing is very important, but the debate obscures something much more fundamental: most victims have so little faith in our criminal justice system that they do not access it at all."---Keir Starmer(Leader of the UK labour party and ex DPP).



[Paul Lismore] D Day for our justice system tomorrow...
We face an even worse problem in Mauritius: Most of us have no faith in the way courts sentence offenders, esp the violent ones, where we can clearly see that the effects on the victims and their relatives are ignored.

A huge number of us have no faith in the criminal justice system at all, and know for sure that if you are rich or well connected, the courts won't touch you, but if you are an ordinary member of the public and you have no political backing, your chances are next to nil.

We have often seen how our courts side with the little Hitlers in power and, irrespective of the evidence (or even absence of it as in the case of BAI/ Bramer where a man's lifetime work was snaffled away from him in the dark of the night...), the courts will simply rubber stamp any provisional charge, however stupid and devoid of any evidential weight it might be, and impose huge bail conditions on innocent individuals.

It is a quite shameful indictment on the ease with which we often refer to Mauritius as a civilised and democratic country, when people who have an orgasm calling themselves "Learned" are often the most vile, corrupt, and mercenary fuckers around. I shall write about one of them tomorrow, the chap known as the Yellow Peril, and whose Fu Manchu face and sick mind has now decided that he has the right to poke his perverted eyes into our private messages and lives. We have had Zone Rouz, Zone Zone, and now a budding Zone Bhai lookhe...

But back to tomorrow and why it would be D Day for our justice system. Tomorrow, Richard Duval's affidavit against the dictatorial manner Pravind Jugnauth and Servandersing have used WAP in order to condemn the opposition MPs to house arrest for 5 days a week when they should be with their constituents whenever they are needed, will be heard by the Chief Judge. Yes, our Chief Judge who seems to have taken a vow of silence both in terms of public appearances and in terms of ground breaking judgements. We will see tomorrow whether the rumours of strong allegiance to la cuisine are true or not...

For example:

1/ Will the fact that his brother in law, Fareed Arzamkhan of Flacq, is the Chief Chatwa of Ayatollah Muftah have some influence on his decision?
2/ Will the persistent rumours that he will replace President Baigan as President of Mauritius when he retires as Chief judge play a part in his ruling?
3/ Will the fact that since his appointment as Chief Judge, he has done nothing to improve/modernise our archaic judicial system, and will therefore not do anything to ruffle the feathers of the cocks in government?
4/ As he has appointed many substandard judges, and according to many eminent barristers, has appointed judges ignorant of the law to dispense justice, he has made the Supreme Court the laughing stock of the legal profession. Will that impede his obligation to give a judgement in line with our Constitution and the principles of Natural justice?
5/ He has done nothing to comply with the Privy Council's remonstrances that our judges still take 3-5 years to deliver judgements of only a few pages. Will this level of insouciance and incompetence affect his judgement tomorrow?
6/ There cannot be justice if those who are highly paid and with all sorts of extras are not imbued with the sense of Justice, and understand the letter and spirit of the laws. What has the Chief Justice done when he learnt that a female judge was 'entertaining' a court officer very late at night in her office in the new Court house?
7/ Why hasn't he made the Rs 1 billion new Supreme Court building Wi Fi free to the legal profession? Why doesn't he communicate at all in an age of digital communication? How much longer will he remain in his ivory tower, with occasional breaks in la cuisine, and refuse to see reality?

Tomorrow will be D Day for the justice system. If in a simple case like this, the Chief Judge refuses to adjudicate and delays his decision to a future date, then you know that the rot has not only set in our justice system, mai Karia p manz partou...

This case demands that the Chief Judge reminds the PM and the police commissioner that this country obtained independence on clear, democratic principles, and that refusing to give WAP to the opposition MPs is not only anti democratic but also a heinous act which has to be condemned in the strongest terms.

Dimanche 18 Avril 2021

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