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Kudos!

9 juin 2016, 11:00

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The director of public prosecutions has spoken. He is appealing the supreme court’s decision to drop the charges of conflict of interest against now-Minister of Finance Pravind Jugnauth in the case of MedPoint. It is his right. His prerogative. But it is also the right thing to do for the country and for the justice system. 

Yes, the supreme court verdict brought some sort of apparent stability into the business of government. Though a strong leadership was still lacking, one would be of very bad faith not to admit that since the supreme court verdict, the impetuous behaviour and shooting from the hip which characterised some ministers has subsided a bit and a nasty chapter in our country started closing.

However, this is not about stability or even development. Crucial as these may be, what we are dealing with is much more important. We are dealing with justice for the men and women in this country. As far as that is concerned, the supreme court verdict left a bad taste in the mouths of many citizens and many members of the legal profession. Here’s why.

The judiciary in this country is the one and only thing that has by and large been beyond reproach. It is trusted first because we trust the men and women administering justice and also because we have always known that, if everything else fails, the privy council would set things right. When we talk about the men and women administering justice, we are not talking only about the supreme court judges. We are also, and perhaps mainly, talking about our intermediate court magistrates who are our first call and, considering that justice is costly, for many of the people in this country, it is often the only call. Those brave magistrates, who dared deliver a guilty verdict against the son of the most powerful man in the country, were slapped on the hand by the supreme court. That is de bonne guerre. What is not is the fact that the pronouncement of the verdict was followed by the prime minister himself saying in his usual insulting tone that “ena ban magistrats nouveaux, pena l'experience, zot don ban jugements bric brac" (There are some new magistrates with no experience who deliver shoddy judgments!) Ouch! Ouch! Ouch! The magistrates took it on the chin. No one came to their defence. Until the DPP’s application for appeal came!

The DPP’s decision will also put an end to the very unhealthy speculations which were being whispered in the legal corridors. It, at the same time, sends a message to the common man eking out a living out there that those who have the money and can pay £1,500-an-hour lawyers do not necessarily get a different type of justice.

Let the privy council rule so that we can serenely use its ruling for the other pending cases of conflict of interest. If Pravind Jugnauth wins his case in the privy council, he will make leaps and bounds in public opinion. If he loses, others accused of the same offence will accept their verdict with serenity. Either way, the justice system comes out of this decision victorious and so does the country.

The DPP’s decision is a brave one. History will have to record that.

 

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