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Paul Lismore

[Paul Lismore] THe terrible rot and decay at the heart of our so called justice system


Rédigé par Paul Lismore le Dimanche 11 Décembre 2022



[Paul Lismore] THe terrible rot and decay at the heart of our so called justice system
The case against Bruneau Laurette has once again highlighted the ignominious bias and injustice at the very heart of our justice system: where anyone targeted by the police is even deprived of the evidence, if any, that the police has against the defendant. It gets worse when the magistrate and the prosecution seem mesmerised by the incredibly weak arguments of the police, but nevertheless feel almost duty bound to support and defend whatever crap the police throws at the defendant.. 

Let us look at the facts in the Bruneau Laurette's case:

 1/ For weeks, he has been asking for the CCTV film of the road where he lives to be secured and examined, as this will show exactly what happened. The prosecution and the police have dilly dallied over this to such an extent that the 30 day limit of the existence of the CCTV film has passed without any indication that such a simple request from the defence would be accepted.

2/ We all saw Coota from the Casernes Disinformation service and the Special Shit Team behaving in an abominable way in order to convince people that Brino is indeed guilty of the offences he has been charged with. We had the mercenaries from MBC/Wazaa etc given special permission to film the "drugs" and the rest of the "evidence" on the day of Brino's arrest! The scene was set for all la tete kokom to jump to the conclusion that Brino was indeed guilty, and all because Coota and the SST had all manipulated the events of that day in order to try to show that he was guilty...

3/ Remember, Coota had said that " as a result of information", Brino had been put under strict surveillance. I don't know about you, but "strict surveillance" to me means at the very least that all his movements on those days would have been filmed and kept as a record of how the drugs were found in his car, where did he obtain the drugs, and crucially, who supplied the drugs to him...Instead, we have seen nothing! And if the police really had that evidence, don't you think they would have paraded that already?

A bit like the case against Akil Bissessur where despite being followed to Tamarin, visits to pizza places, etc, the police have no evidence whatsoever to show how he obtained those "synthetic" drugs...It is even worse in his case! Instead of arresting him when he and his girlfriend got home, they waited for him to get inside the house so that they could behave like plastic little Rambos when they smashed their way into the house....Bissessur was not wearing any gloves during the whole of the police surveillance and yet neither his DNA nor his fingerprints were found on the drugs the police said belonged to him....Instead, the police, and shamefully many zourlanus, made an ordinary bag the centrepiece of the evidence against him...and as yet, as far as we know, there is no evidence of the drugs being inside the bag, apart from the police telling us it was....

4/ We now know that Brino's fingerprints and DNA are not on even one piece of the evidence the prosecution proposes to rely on! So, the only case against him is what the Special Shit Team says and nothing else...

Let me now come to our lovely magistrates and how they are appointed. Invariably, they come from the prosecuting authorities, either the SLO or the DPP's office. Which means that there is a good chance that they will see any charge/trial from the prosecution's point of view and not the defence. They need only 2 years' experience as lawyers in order to be promoted as magistrates! Love affairs may not last for long, but the incestuous relationship betwwen the magistracy and the SLO and the DPP seems destined to last forever. Quite often, magistrates return to their natural mother and reintegrate the SLO or DPP...
Now imagine if you are a junior magistrate and the person from the DPP is senior to you. If you intend to return to the DPP's office, are you likely to rule against the person who will be your senior should you return?

For example, Santokoki used to be a magistrate and will be senior to the magistrate in Brino's case should she decide to return to the Office of the DPP....

Finally, consider the following points:

1/ The current DPP is an acting DPP who will compete with others in order to be appointed  to the post. We have all seen how the acting police commissioner has become a superb actor who plays his role as the PM's little dog to perfection. His job depends entirely on the PM....

2/ The Director of the Forensic Sciences Laboratory is past retirement age, and is awaiting a new contract. Again, the PM will decide.. Recently, she was on "mission" and all that juicy per diem, when perhaps someone younger should have been selected...

3/ We have a Judicial and Legal Service Commission (JLSC) which appoints all judges, i,e, barristers with at least 5 years experience. The JLSC has the Chief Justice as chairperson, the Senior Puisne Judge, the chairman of the Public Service Commission, and one other member appointed by the President (who, as we know, is another zombie of la kwizinne...). Again, all judges come straight from the Attorney General's office or the Office of the DPP. This is the perfect recipe for intense arse licking and mutual back scratching....

If Brino loses his application for release on bail tomorrow, despite all the terrible incongruencies of the prosecution;s case, I suppose he will have to apply to the Supreme Court. The Supreme Court is headed by the Chief Judge whose husband is the zavoka de choix of le ti cretin....

I hope justice prevails tomorrow and that Bruneau Laurette is released on bail. I fear that he won't get it, not because he does not deserve to but simply because darker forces are at work here...

A famous female Chief Justice in the UK, Baroness Hale once memorably said that "Judges must display moral courage in defending the fundamental constitutional principles of the independence of the judiciary and rule of law”." Do we have judges, magistrates and prosecutors with moral courage in Mauritius? I'll let you decide....

She also said this...and it would be wonderful if the Chief Justice in Mauritius uses it as a template for all those entrusted with fairness and justice:

[Paul Lismore] THe terrible rot and decay at the heart of our so called justice system

Dimanche 11 Décembre 2022

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