Supreme Court, Mauritius - Landmark Constitutional Court Case – First Round Judgment in Favour of Police and ICAC

Mark Rainsford KC represents the Independent Commission Against Corruption (ICAC) (now the Financial Crimes Commission) in the ongoing Supreme Court of Mauritius landmark constitutional case concerning a clash of powers between the Director of Public Prosecutions and the Commisioner for Police.

Leading Mr Mitleshkumarsingh Roopchand, Mr Dhannish Gunesh, and instructed by Ms Attorney N Seetaram, Mark Rainsford KC successfully argued before a full 3-judge Bench of The Supreme Court, presided over by the Chief Justice, that the DPP’s motions, aimed at delivering a knockout blow to proceedings seeking declaratory relief under the Constitution should fail.

 The President of Mauritius and the Attorney General are also parties to the case. Paul Ozin KC appeared for the Commissioner of Police.

 This highly controversial case arises because according to the Commissioner for Police:

 A) In a number of court proceedings, constitutional powers, duties and responsibilities of the police are being usurped, or otherwise fettered, by the DPP, and the state law officers deputed by him in those cases; and

 (B) the DPP is “jeopardising the integrity of the investigation into crimes in respect of certain individuals”.

The Independent Commission Against Corruption supports the Commissioner of Police’s position in relation to these proceedings, and seeks a declaration that the DPP is over-reaching his Constitutional powers. 

The Supreme Court rejected the DPP’s preliminary arguments, namely,  the alleged absence of causation, the former availability of judicial review for each case complained of, delay, and that the application for declaratory relief was in itself a breach of his constitutional rights.

A full hearing will now be heard later this year before the Supreme Court in Mauritius.

The judgment can be found here.