“Scrap the FCC Act and restore the DPP’s powers”
Interview: Sanjay Bhuckory, SC
‘We cannot create a parallel criminal system for financial crimes, which escapes the DPP’s control. This is a fertile breeding ground for political interference’
* Arrest of Navin Ramgoolam: ‘ It would be preposterous for the FCC to re-arrest someone nearly ten years after the alleged acts’
* ‘The term “colourable device”, used by late Chief Justice Lallah is too mild to describe the sombre situation we are now facing. I would prefer “cover-up device”‘
In recent weeks, Mauritius has been abuzz with speculation regarding potential legal actions against political figures, particularly the Leader of the Labour Party, Dr Navin Ramgoolam, by the Financial Crimes Commission (FCC). The FCC’s Director General, Navin Beekarry, has categorically dismissed these speculations, asserting that such claims are baseless and far from the mandate of the FCC. However, amidst these discussions lies a broader concern about the FCC’s role and independence in high-profile cases, especially with political implications. To delve deeper into these pressing issues, Sanjay Bhuckory, SC, who brings extensive experience in constitutional matters, shares his insights on these matters, including the cases involving the Director of Public Prosecutions (DPP) against the Financial Crimes Commission (FCC) and the Commissioner of Police.
Mauritius Times: There were speculations in recent weeks about an imminent arrest of the Labour Party’s leader by the FCC in relation to an “Unexplained Wealth Order” of the earlier Integrity Reporting Services Agency. The DG of the Financial Crimes Commission (FCC), Navin Beekarry, has responded to the speculations, saying that “the suggestion that the FCC was created to arrest Dr Navin Ramgoolam is completely ridiculous and false”. Aside from the political implications of such a decision, would it be correct to say that the FCC would be fully entitled to pursue that course of action if there is sufficient evidence or a legal basis to justify it?
Sanjay Bhuckory: I strongly disagree. It would be preposterous for the FCC to re-arrest someone nearly ten years after the alleged acts. Worse still, the politically controlled FCC has now absorbed the independent Integrity Reporting Services Authority (IRSA), which was headed by no lesser than a former UK Chief Justice. The FCC Act, which was passed with a simple majority, cannot overnight be utilised to the detriment of a suspect’s constitutional rights.
In fact, Dr Ramgoolam is challenging the constitutionality of two sections of the FCC Act before the Supreme Court: firstly, section 112(4), arguing that it places the burden on him, rather than the prosecution, to prove that his property is not unexplained wealth; and secondly, section 117(1), asserting that he cannot be unfairly deprived of his property through a confiscation order for unexplained wealth. Read More… Become a Subscriber
Mauritius Times ePaper Friday 19 July 2024
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