Paul Lismore

[Paul Lismore] Writ of Mandamus, bla-bla-bla

Rédigé par Paul Lismore le Jeudi 1 Juin 2023

[Paul Lismore] Writ of Mandamus, bla-bla-bla
I notice that ena p redekouver lamerik et p propoz ene writ of mandamus pou force Dipshit fer seki nou paye li pou fer: travay kom komisser de police et pa kom ene ti toutou la kwizinne.

I wrote about it in October last year, and I am rather amused that our "free and independent press" seems to be championing the cause of someone who appears to have only recently mentioned Writ of mandamus...Let me make a concise summary of what I wrote and I will include the original article at the end.

I suggested 3 things that the then DPP ought to consider doing as a matter of urgency:

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. Unfortunately, this is precisely what has happened....

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....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. By publishing, you will be telling the Prime Minister: The Judicial Inquiry and I have done our 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/ 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 18 months ago. 

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."

It is really quite shameful that 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.

But there is a big "if": Assuming the DPP goes down the road of the Writ of Mandamus, how many of you are confident that our lovely Chief Justice will act with the diligence and haste that one would reasonably expect from any Chief Justice? Judging from her performance so far, I am afraid I have some very serious doubts about her...esp with her husband acting as full time avocat du diable of that Satanic hell hole known as la kwizinne...

But that should not stop the new DPP from doing what is the right thing for him to do. He should apply for a Writ of Mandamus and thereby seek to compel the Police Commissioner to do what he is supposed to do: obey the fucking law, and act with alacrity on the findings of a Judicial Inquiry!

Jeudi 1 Juin 2023

Nouveau commentaire :

Règles communautaires

Nous rappelons qu’aucun commentaire profane, raciste, sexiste, homophobe, obscène, relatif à l’intolérance religieuse, à la haine ou comportant des propos incendiaires ne sera toléré. Le droit à la liberté d’expression est important, mais il doit être exercé dans les limites légales de la discussion. Tout commentaire qui ne respecte pas ces critères sera supprimé sans préavis.