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Paul Lismore

[Paul Lismore] When the DPP and some judges decide to protect their friend and drinking partner...


Rédigé par Paul Lismore le Samedi 16 Avril 2022



To the question, " Il existe la perception que le Bar Council a mené une politique de deux poids et deux mesures après la publication du rapport Lam Shang Leen. Qu’en pensez-vous?", one of the few lawyers I respect, Antoine Domaingue, replied: "  Cette perception existe et, à mon avis, elle est justifiée. Dans certains cas, on a l’impression que l’Ordre passe l’éponge sur une personne citée et frotte une brosse métallique sur une autre."

Unfortunately, this negative perception of the Bar Council now extends to the whole judicial system, including the DPP....

Picture this: Rex Stephen and his lawyer Gavin Glover, the DPP, ex Chief Judge Balancy, Judges Benjamin Joseph and Denis Vellien were having drinks and gajaks (presumably the so called posh ones they like to call amuse gueles, which basically is a sausage on a stick...) at the 2021 end of year festivities in a canpman at Pointe Aux Sables... Nothing wrong with that, eh? Boys will be boys, and there is nothing better than having a group session of whipping your tools out and comparing the measurements, non?

Except that Rex Stephen had the case against him of money laundering of the Rs 1.5 millions that magically found its way from the pockets of Peroomal Veeren into Stephen's office safe being thrown out by the magistrate in January 2020. The magistrate, Meenakshi Bhogun, now works in the DPP's office....You know why the case was thrown out? Because despite the case being a simple, straightforward one, the DPP had not managed to lay formal charges since the arrest of his friend Rex Stephen in October 2018! 

Now, sensible people are bound to ask the question: Why had his office not laid any formal charges against Rex Stephen despite the direct, and apparently incontrovertible, evidence against him? I am sure this has nothing to do with the fact that Stephen's daughter, the fragrant Audrey Stephen Sunglee, also works in the DPP's office...Or the fact that the Chief investigator at ICAC, Robert Seeruttun, ex Chief Judge Balancy, and the DPP are friends and often drinking companions...

Or could it be that Rex Stephen was born under a lucky star? How else would you describe his fortune if, as magistrate, he took the concept of "Protection Order" too literally and decided to protect the woman by having an affair with her whilst the case was still ongoing? When the husband found out and complained about the thrusts and ins and outs of the magistrate with his wife, Stephen the magistrate resigned...and nothing else happened! The Chief Judge, the Supreme court, the Tavern, sorry Bar council, did nothing! 

People who follow the dark, shady activities of our judiciary would remember the case of the magistrate who told the attractive accused, " Mo plume la kapav avoy ou prison...mai si ou vine dan la sam lotel ar moi, case dismissed!" The magistrate was fined, and I don't know what happened to his career...perhaps he has now branched out into hotel room management....

Compare and contrast the fate of Rex Stephen with these barristers: 1/ Late Gooriah was disbarred because his fees came from the proceeds of larceny. He was only allowed to practise again just before his death...2/ Dev Hurnam was disbarred after being found guilty of an allegation made by his client following the SBM hold up...Dev Hurnam has always claimed that he was a victim of a conspiracy by the ex Chief Judge Sik Yuen (remember the outlandish, false, and quite farcical allegations that Hurnam wanted to cut off the Chief Judge's hands?) History is now repeating itself with Beatrice Kwan Tat pissing on Rama Valayden's free services as her lawyer and preferring the dirty money of Lee Ki Shim to try to make a police case against Valayden...

What about Raouf Gulbul, whose wife is now Chief Judge? If Stephen was born under a lucky star, then Gulbul must have been born under a whole firmament of the glowing things in the sky...That man is so lucky that people who want to win the lottery jackpot ought to perhaps ask him for the winning numbers...

Coming back to Rex Stephen, how come our DPP, who loves to sermonise in public about ethics and legal matters, has still not grabbed the opportunity to tell us why his office could not have charged his friend Stephen formally?

BTW, the Supreme Court has just passed judgement on Stephen's application for a judicial review of the findings of the Drugs Commission. It has found that " the (Drugs) Commission's recommendation that relevant authorities probe into the affairs of the applicant (Stephen)...in connection with prima facie case of breach of FIAMLA CANNOT be said to be unsubstantiated, arbitrary, or unreasonable in the light of the stark, UNDISPUTED fact that the said unsolicited amount in cash which was well above the permissible limit was received on behalf of a convicted drug trafficker(Veeren), and that the applicant (Stephen) upon being informed of that remittance, neither caused the money to be returned, nor the transaction to be reported, pursuant to Section 5 of FIAMLA"...In other words, the Supreme Court is telling the DPP and ICAC: Do your job!

So, DPP, if you substitute the name Rex Stephen and replace it with Dev Hurnam, how quickly would you have formalised the charge against him?

I am sure I can't be the only one to have come to the conclusion that the judiciary is no longer the rempart that our politicians and zourlanus pretend it is. Behind the facade there are many cracks .The quality of our justice is really an issue of public and national interest, and the sooner we accept that we have a preponderance of second grade lawyers and unfortunately only some notable bright elements at the helm of our judiciary, the better the chances of stopping the rot. Otherwise, the future does not look good.

Already, when idiots shout that we live in an etat de droit, we can hear people laughing...Most people now accept that the main principle guiding our judiciary, same as our government, is not what you know; or how guilty or innocent you are, but who you know...

Samedi 16 Avril 2022

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