Justice Deferred, Justice Denied

Editorial

The recent verdict in the case of former Minister Yogida Sawmynaden has once again brought to light the complexities and challenges facing the justice system of Mauritius and its administration. While Y. Sawmynaden was acquitted this Thursday of the charges brought against him in the “Constituency Clerk” affair, questions linger regarding the broader state of justice in the country.

The ruling, handed down yesterday by Magistrate Anusha D. Rawoah, underscores the importance of a rigorous legal process. The magistrate’s assessment that the prosecution’s case was undermined by inconsistencies in witness testimony highlights the critical role of evidence in determining guilt or innocence. However, the swiftness of this judgment raised eyebrows in some quarters and stands in stark contrast to the languishing of other important cases, most notably the unresolved murder of Soopramanien Kistnen.

Kistnen’s tragic death, discovered in a sugar cane field 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 being classified as a “suicide” and keep the case in the public eye, progress has been slow. The revelations from the judicial inquiry into Kistnen’s murder paint a disturbing picture of the police’s unbelievable “incompetence” as qualified by the Magistrate of the inquiry. Serious deficiencies in the police investigation, including the mishandling of evidence and suspicious circumstances surrounding the autopsy, raise serious concerns about the integrity of law enforcement.

One notable concern is the apparent reluctance of the investigative bodies to act, despite significant pressure from both the magistrate and the DPP’s Office. This raises doubts about their ability to address political issues within high offices. If the fundamental principle of conducting fair and impartial investigations is compromised, it 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, any efforts to target opponents will inevitably be viewed as politically driven, thus eroding trust in law enforcement endeavours.

Moreover, the connection between Kistnen’s murder (he was chief constituency agent of the MSM) and alleged irregularities in election expenses in Constituency No. 8, further underscores the need for a thorough and transparent investigation. The existence of the so-called “Kistnen Papers” suggests a deeper web of political intrigue and potential wrongdoing that must be brought to light. Whether this web extended to other public officers who worked in procurement and found an untimely death, we cannot determine but it is a strange coincidence.

The failure to adequately address cases like Kistnen’s murder not only denies justice to the victims and their families but also erodes public trust in the system. The role of the police 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 doing their job fairly and our judiciary to protect their rights and hold wrongdoers accountable. If that system fails to deliver justice, it’ll erode the very foundation of our society.

As we approach the next general elections, it is imperative that we demand more from our elected leaders and law enforcement agencies. We cannot allow justice to become a casualty of political expediency or bureaucratic incompetence. The incoming government must prioritize the independence and effectiveness of our justice system, ensuring that it has the resources and autonomy necessary to fulfill its mandate and deliver outcomes in a reasonable time-frame.

But this is not just a job for politicians and bureaucrats. It’s a responsibility that we all share as citizens of Mauritius. We must continue to demand accountability from those in power and support those who seek to uphold the principles of justice and the rule of law. Justice delayed is justice denied, but justice denied is also a betrayal of everything we stand for as a nation.

Mauritius Times ePaper Friday 31 May 2024