Paul Lismore

[Paul Lismore] When will our courts of law starts behaving like providers of justice instead of...

Rédigé par Paul Lismore le Dimanche 14 Mai 2023


Let me explain it as simply as I can: La police vine kot ou et truv ene fiole la poud kanz, ou ene jar renpli ar touk maria, ou ninporte ki zafer ki pa ena narien a fer avek la drog. Mai ban zeni gablous en place decide ki la drog sa, arete ou, interviewer ou (hopefully pa dan ene karo kann...), et met ene sarz ki ou en possession de sipa kommien millions roupies la drog. 

Zot amene ou la cour et ki the learned magistrate fer? En place, li aksepte ki seki la police dire bizin vrai parski li decide pou refiz ou release on bail et re avoy ou soi station ou en prison. Pou 3 semaines, 1 an, meme 4 ans!

Mai kifer mazistras, ki soi dizan extreman intelligent et ena boukou principes, pa dimane the most obvious question a la police ki in met sarz la kont ou: " OU SIRE LA DROG SA? KI PREV OU ENA KI LA DROG SA? ESKI IN TESTE ET CONFIRME KI LA DROG SA?" Et la police pou dire, kom touzour avek langaz soucerre ki zot in vine expert la dan kan bizin: "No, your Divine Majesty! But we are sending it to the Forensic Science Laboratory straight away for all possible tests!" The learned magistrate is apparently always reassured by this and sends you to jail...

In the meantime, the FSL will take its time to test the substance that the police believes is drugs. "Ayo, nou tro bizy, tro boukou travay, bla bla bla". In the meantime, you are locked up for days, weeks, months, years, before someone at the FSL removes his/her finger from his/her arse and decides to test the thing that the police believes is drugs.

We have heard a lot about "planting" stories, esp since the Special Shit Team came into existence. Here again, the FSL will take ages before it confirms whether your fingerprints and DNA are on the parcel that the SST insists is yours. In the meantime, al kk dan ene ba ke dan prison...

Let me give you some real examples of how lives are destroyed not just by the "over enthusiasm" of the police but primarily by the magistrates who are supposed to look at cases in an objective manner, but who invariably take the words of the police as the Gospel Truth:

1/ Taslim Oozeer spent 3 weeks in jail before the FSL confirmed that the so called drugs were instead "larmes de Himalaya", an Ayurvedic medicine for pain relief and which has nothing to do with drugs. The police even "valued" the "drugs" at Rs 15 millions, which no doubt impressed the magistrate that this is a big case! Taslim's elderly mother was also arrested but released after the son told the police that the parcel belonged to him and cost him Rs 2,500 to import from India.

2/ There are many other cases where so-called "drugs" were found to be drugs only in the imagination of the police. We all remember Bruneau Laurette's touk maria which the geniuses of the SST decided was synthetic drugs...But there is one case which makes me very angry because of the length of time a young man, Vinesh Reetun, spent in prison for being in possession of something that was never drugs!

3/ Vinesh Reetun was arrested on 18th May 2018 for drugs trafficking, an offence he admitted to after the "gentle persuasion" exercises performed on him by ADSU, a hobby that ADSU is notorious for...In December 2021, the police received the FSL report which confirmed that NO DRUGS were involved. What did the police do? They sat on the report until April 2022 when they "volunteered" the information that no drugs were involved, as confirmed by the FSL! Reetun was released after spending 4 YEARS in prison, on remand, for something that clearly he had not done!

Reetun's parents had also been arrested and spent many weeks in custody...

What did the magistrates do in these clear cases of miscarriage of justice? Did they apologise for accepting at face value any nonsense peddled by the police? Did they ask the police commissioner to investigate the police officers involved in this? Did they write to the Chief Justice and ask that they need clear guidance in cases where the police claim that drugs were found but no tests had been carried out?

NO! They are still sending people to jail on remand on the mere say so of the police that the items found were drugs, even if there are no tests to confirm that they are indeed drugs..

As for the Chief Justice, one would have expected her to at the very least ask that the FSL conducts its tests as a matter of urgency, so that the freedom of innocent people is not taken away. But we never hear from her. Even the Bar Council is still waiting for a response after waiting 2 months for her to at least say something about the vile attacks of Pravind Jugnauth and his little band of online soucerres on magistrates and barristers...

Therein lies the problem: We have magistrates who never question the police version, and simply accept it as the truth. How can they remand someone in custody for lengthy periods of time when they don't even know that real drugs were involved and not touk maria, la poudre kanz, or some Ayurvedic medicine?

And we have a Chief Justice who has adopted the principle of the 3 wise monkeys and turned it into: See no evil, hear no evil, and never speak. 

Dimanche 14 Mai 2023

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