8. The Complainant alleges that the Public Prosecutor's Office offered to reduce
his sentencing on 2 occasions, if he pled guilty to the charges. He states that he
rejected the offer because he is not guilty. The Complainant submits that in
addition to Case Number SCS 13/2012, a fresh case SCS 09/2013 was lodged
against him, for attempting to possess dangerous drugs and drug trafficking.
9. The Complainant contends that the Judge presiding over his case was biased
towards the prosecution. He also states that police statements were fabricated,
placing the police at certain places at certain times, as well as referring to
alleged informants who do not exist. He adds that the police lied about
watching and following his moves even before his arrest and him outrunning
the police.
10. The Complainant avers that his version of events was not properly investigated
by the police and that the police committed perjury. He adds that on 13 June
2013, he was found guilty of both charges and was sentenced to 33 years
imprisonment and a fine of 300, 000 Mauritian Rupees, equivalent to 2 years
additional imprisonment if not paid.
11. The Complainant avers that following the guilty verdict, he applied for Legal
Aid, which he finally got, and appealed the conviction and sentencing in the
Court of Appeal of Mauritius. He states that his appeal was discussed on 8 May
2015in his absence, behind closed doors, and on 23 July 2015,the decision was
reversed and he was set free. He states that the Honours Chief of Justice of
Mauritius in the judgment held that
we hold that the evidence on record was not
1/
•••
sufficient to establish the offence of attempt to possess an illegal and dangerous drug.
We accordingly allow the appeal and squash the conviction and the sentence."
12. The Complainant alleges that he was released on 23 July 2015, 6 years and 4
months after his arrest. He states that he now lives in the Republic of South
Africa. He states that his unlawful arrest, remand without a formal charge for
more than 4 years and conviction amounts to cruel, inhuman and degrading
treatment.
13. The Complainant submits that he and his family underwent severe trauma as
a result of the sentencing, false accusation and unlawful conviction. He adds
that he still suffers from insomnia and depression but is unable to receive
treatment because he cannot afford it. He further states that he has not found
work and does not have any source of income.
14.The Complainant states that Mauritian law provides that the Complainant was
supposed to enter a claim for damages two years after his arrest, but he was
unable to observe the timeline because he did not have a Lawyer to assist him
on the case and no formal charges had been brought against him at the tiIY\~:._
r,\iI Ot~ ·UM;;f·~'
~.\V
.r..'
Q~Vi <;~CRET~p,14'
(.
'0
0