Stirring A Hornet’s Nest

Editorial

Kistnen’s Murder & Shibchurn’s Affidavit

The case of the murder of Soopramanien Kistnen, whose charred body was discovered in a sugar cane field in October 2020, has remained unresolved despite a judicial inquiry set up by the then Director of Public Prosecutions. That widely followed public enquiry, presided over by magistrate Vidya Mungroo-Jugurnath, dismissing the suicide theory pushed by the police, concluded in October 2022 to a clear case of a criminal homicide, urging Police to renew their investigations in those directions. As we know, not much happened since and the case was turning cold despite pressing appeals from the widow and others.

This week, the case took a significant turn with an affidavit sworn by Vishal Shibchurn, an officer of the Fire and Rescue Services currently under interdiction. In his affidavit, Shibchurn claims a belated awakening “governed by my conscience to fearlessly expose the misdeeds of the higher authorities and unscrupulous persons of my country.” Despite this statement, whether he had any motivations beyond remorse remain unclear, and he denies any “direct implication and/or involvement whatsoever in the murder.”

Shibchurn must be aware of the serious risks of swearing a false affidavit, which could lead to charges of perjury or false declaration. Despite this, his affidavit names several individuals connected to the murder of Soopramanien Kistnen, though not all are directly implicated. Given the gravity of the allegations and Shibchurn’s own legal complications, the press has taken a cautious approach. Consequently, not all the details or names mentioned in the affidavit have been widely publicized, in order to avoid potential repercussions and ensure accuracy. However, the details provided go beyond what was revealed in the judicial inquiry report, excerpts of which were leaked to the press. Shibchurn’s affidavit suggests a significant political and financial motivation behind the murder and subsequent events. The individuals named are allegedly interconnected through various roles in the conspiracy and cover-up surrounding the murder.

Kistnen’s tragic death in October 2020 has left his family seeking answers and justice. Despite the efforts of Me Rama Valayden and the ‘Avengers’ to prevent the case from being classified as a “suicide” and to keep it in the public eye, progress has been slow. The revelations from the judicial inquiry into Kistnen’s murder painted a disturbing picture of police negligence and incompetence, as noted by the Magistrate of the inquiry. Serious deficiencies in the police investigation, including failure to secure the site, unavailability of CCTV footage from Quatre-Bornes to Moka, mishandling evidence and suspicious circumstances surrounding the autopsy, have raised concerns about the integrity of law enforcement. One notable concern is the apparent reluctance of investigative bodies to act despite significant pressure from both the magistrate and the DPP’s Office.

Compromising the fundamental principle of conducting fair and impartial investigations poses significant risks to the integrity of our institutions and the vitality of our democracy. When similar concerns arise within other democratic pillars like the National Assembly or financial crime investigation units, efforts to target opponents will inevitably be viewed as politically driven, eroding trust in law enforcement.

It must be recalled that late Kistnen was an MSM chief constituency agent in Constituency No8 and strenuous disputes had reportedly arisen about refunding or rewarding his services during the 2019 general elections. Further there were alleged irregularities in election expenses in Constituency No. 8 which underscores the need for a thorough and transparent investigation. The so-called “Kistnen Papers” suggest a deeper web of political intrigue and potential wrongdoing in the matter of emergency public procurements during the Covid-19 pandemic. Whether this web extended to several other public officers who met untimely deaths remains undetermined, but the coincidences are troubling.

In a rule-of-law country, police authorities are expected to uphold several key duties and principles in light of the affidavit provided by Vishal Shibchurn. By fulfilling its responsibilities, the police will uphold the principles of justice, integrity, and accountability, ensuring that the rule of law is maintained and that any individuals involved in the crime are held appropriately accountable.

Failing to address cases like Kistnen’s murder adequately not only denies justice to the victims and their families but also erodes public trust in the system. The police’s role in protecting citizens and upholding the rule of law is paramount, and any perception of politicization or interference must be vigorously countered. The people of Mauritius rely on investigators to do their jobs fairly and the judiciary to protect their rights and hold wrongdoers accountable, even more so when the victims are a widow and relatives of modest means while those close to higher spheres of power are barely called to answer. If the system fails to deliver justice, it will erode the very foundation of society.

Mauritius Times ePaper Friday 2 August 2024