Paul Lismore

[Paul Lismore] The 3 courses of action for the DPP

Rédigé par Paul Lismore le Mardi 18 Octobre 2022

[Paul Lismore] The 3 courses of action for the DPP
After the unprecedented attack by our useless Attorney General on the investigating magistrate and the Office of the DPP, it is now incumbent on the DPP to put into action one of the following 3 options:

1/ Do nothing, and therefore leave the field open for the enemies of democracy  to divert attention from the cruel, merciless murder of Soopramanien Kistnen, and to instead yap all day long about the "authenticity" of the magistrate's report. No sane person would want the DPP to adopt this cowardly position. He is retiring in 2 months time, and human nature dictates that he ought to now let his tormentors have it from both barrels.,,,

2/ Publish the full report of the Judicial Inquiry into the murder of Kistnen. As the DPP himself has rightly acknowledged, it is only the DPP who can decide whether to publish or not. The incredible siding of the government of gangsters with one of the main suspects is a sign of the rotten state of our law and order situation. Any government in a real democracy would have welcomed the report and expressed full support for the recommendations to be actively followed by the police....esp as the victim is one of its own agents! What have we got instead? A useless AG and an even more useless PM disputing the authenticity of the report and refusing to comment on any of its findings.

So, Mr DPP, publish the report and those 2 idiots will be unable to use that childish excuse. By publishing, you will be telling the Minister for the Interior: I have done my job, you do yours now and tell your Police Commissioner to do what any decent police officer has to do: investigate crime properly, and find the culprits.

3/ But we all know how law and order works in Mauritius: if you are rich, well connected, a chatwa, or related to any government politician, the police will do everything to protect you and will do nothing to find the evidence to charge you. So, it is time to bring the other party, who the AG is trying to influence, into play: the Chief Justice. 

There is a court procedure that I don't believe has ever been used in Mauritius, although it is often put into practice in countries where the Rule of Law really exists: A WRIT OF MANDAMUS. For those who don't know, let me explain:

" A writ of mandamus is an order from a court to an inferior government official ordering the government official to properly fulfill their official duties or correct an abuse of discretion. Mandamus is a judicial remedy in the form of an order from a court to any government, subordinate court, corporation, or public authority, to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty."

Now, it is the statutory duty of a police force to investigate crime properly and to bring the suspects to court. Our lovely police commissioner, when he gets some free time after polishing the PM's shoes, has done absolutely nothing since the DPP sent the magistrate's report and findings to him some 10 months ago. (At least, the Commissioner cannot claim what his Lord and master has been shamefully rabbiting today about the "authenticity" of the report... 

So, Mr Commissioner, if you have had the authentic report since January 2022, how much longer do you need before you call Yogida Sawminaden for a nice cup of tea and some bhajas, charge him, and then do the world a favour by objecting to his release on bail?

A writ of Mandamus will compel our useless Commissioner and his even more useless Deputies/Assistant Commissioners to do the job they are paid to do, and "to do some specific act which that body is obliged under law to do, and which is in the nature of public duty, and in certain cases one of a statutory duty."

The last time I checked, the police are specifically required under law to investigate crime in a diligent manner. It is their statutory and public duty to do so.

As they obviously have refused to do so, only an order from the Supreme Court can force them to act like police officers, and not as the private army of some lunatic. That order should obviously come with a time limit, and failure to obey that should lead to contempt of court procedures and imprisonment for those clowns masquerading as senior police officers.

You know what to do when the police come back with their usual miserable excuse: "the inquiry is ongoing". A short spell in a prison cell will refresh their minds wonderfully, and the inquiry will be completed in no time at all then...

Mardi 18 Octobre 2022

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