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Paul Lismore

[Paul Lismore] THE JUDICIAL INCEST THAT NO ONE TALKS ABOUT....


Rédigé par Paul Lismore le Mercredi 30 Janvier 2019

Let us start with one unsavoury joke, as a wag once opined that incest is best kept within the family..." The first time I had sex was like the first time riding a bike. My dad was holding me from behind."



We have a Commission called Pourvoi et Grace that really needs to be renamed Commission of Disgrace, because what has been happening there for a few decades now is nothing short of disgraceful. 

An unelected, legally unqualified political appointee has more power than all our magistrates, judges, Supreme Court, and Privy Council, and can overrule whatever all these courts of law decide.

That is the scandalous state of our so called etat de droit, and it has been the same under every government.

No politician has ever voiced even one opinion on this, but they still tell us that they are servi nou pays...And you know why? I suspect they too hope that one day any miscreant amongst their family/friends will be pardoned by this commission bidon, despite what all our courts say.

I cannot recall anyone apart from Harish Boodhoo to have consistently raised this very pertinent issue. And, as usual, our lovely zourlanus and even lovelier politicians, and gorgeous zavokas have all chosen to keep quiet about an issue that is fundamental to the due processes of the law: that the police arrest and charge, the State Law Office prosecutes, the accused has a lawyer to defend him/her, all the evidence is presented in court, the magistrate/judge decides on the verdict and sentence.

Any appeal then goes to the luminaries of the Supreme Court and if people are still not satisfied, this can then go to the Privy Council as the final arbiter. That usually is the end of the matter, unless there is new evidence which points directly to the innocence of the convict, and which was not available at the time of the trial and the subsequent appeals.

Except that this not the end of the matter. After the magistrates, judges, Chief Justice, Privy Council Lords have decided on the case, up props something in the darkness and which conducts its deliberations in complete opacity, and which then decides that the sentence is too excessive, and in some cases, that the poor chap should not spend even one day longer in prison.

All that we know about this Commission de pourvoi en grace is that it is chaired by Sir Victor Glover and two unknown individuals, all of them appointed by the President.

And who has the final say on the recommendations of this Commission? The President himself! Yes, Chana Puri "acting" and I mean really acting as President... At a stroke of his mighty pen, someone who knows next to fuck all about the law can and does change the sentences passed by our experts in law!

The Head of our Executive has the powers to overrule what the judiciary has decided in our wonderful etat de droit....

You may be tempted to say, "Ah well, in an etat de droit, one must always look beyond punishment and attach equal importance to the concept of rehabilitation and redemption too", and it would be difficult to argue against that. But scratch beyond the surface of that noble intention, and what do we have in Mauritius?

A Commission de pourvoi en grace chaired  by Victor Glover, apparently since the days when the Dodo was still wobbling in our pristine forests, appears to get a lot of applications for pardon by the chambers of his son, Gavin Glover...Applications which invariably have a very successful outcome for the son's clients.

Coincidence? But of course! We live in an etat de droit, don't we, and all our zavokas know that incest is a criminal offence, non?

Here is the latest case where Chana Puri 'p zis suiv procedures', the perfect excuse of the dim and the corrupt in our island. We heard today that the Commission de pourvoi en grace has not only pardoned someone convicted of drugs importation but done so EVEN before that chap's appeal to the Supreme Court had been heard! Sakili! 

Which raises the obvious question: why are  we forking out an absolute fortune for our judges and magistrates to decide on the culpability of those accused by the police and the DPP when we already have 3 Wise Monkeys led by an ill dressed rubber stamp at the Presidential palace to dispense 'justice' as they see fit?

"Condamné à six mois de prison et à payer une amende de Rs 50 000 par la cour intermédiaire, le mercredi 28 mars 2018, un ingénieur de 27 ans, habitant Quatre-Bornes, a obtenu la grâce présidentielle.L’accusé, le fils d’un médecin, a été jugé coupable d’avoir importé en août 2015, environ 12 grammes de drogue synthétique ,dont une partie était dans des sachets portant l’inscription « Black Mamba Ultra »."

But it gets worse, folks. If this is true, alor sa meme ki apel Kui Vider! " L’ingénieur a présenté une pétition à la commission de pourvoi en grâce, le 9 janvier 2019". 3 weeks after appealing to the 3 Wise Monkeys, our gorgeous rubber stamper par eminence shouts: "LARGUE LI!"

I do wonder whether at family get togethers, the Glovers talk about papa-piti....Because no amount of evidence would convince me that in this terrible corruption of our justice system called the Commission de pourvoi en grace, , the papa-piti influence is not a hugely significant factor.

And the worst part? No one says anything! Not a word will be said about the identity of Shahid Maudarbocus, the papa dokter and his  piti found guilty of the importation of synthetic drugs, and now released because he chose the right zavoka to know how to use a corrupt system efficiently.

Etat de droit? Al manz in p chana puri do!


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