Affaire Alvaro Sobrinho : Pravind Jugnauth justifie le choix d’une enquête de l’Icac

«I am therefore of the view that initiating a Commission of Inquiry would only further drag matters and will not result in concrete action as opposed to an investigation conducted by the ICAC.» C’est la réponse du Premier ministre Pravind Jugnauth à la Private Notice Question (PNQ) du leader de l’opposition Xavier-Luc Duval lors de la rentrée parlementaire ce mardi 27 mars. 

Dans sa PNQ, Xavier-Luc Duval a demandé au Premier ministre s’il a «pris note de la demande de la population pour la mise sur pied d’une commission d’enquête étendue sur toute l’affaire Alvaro Sobrinho». 

Xavier-Luc Duval a aussi souhaité savoir si Pravind Jugnauth compte étendre en ce sens les attributions de la commission d’enquête qu’il a instituée le vendredi 23 mars.

Le chef du gouvernement a rappelé que c’est l’Independent Commission against Corruption (ICAC) qui enquêtera sur le volet ayant trait à Alvaro Sobrinho suivant une lettre anonyme qu’il a reçue et transmise à la commission anticorruption.

Toute cette polémique a pour toile de fond une carte de crédit mise à la disposition d’Ameenah Gurib-Fakim, alors présidente de la République, par l’ONG Planet Earth Institute, dirigée par Alvaro Sobrinho. 

Ameenah Gurib-Fakim a utilisé cette carte bancaire pour des achats personnels. Elle dit avoir ensuite remboursé l’argent. Poussée vers la sortie, elle a démissionné de son poste vendredi dernier. 

Ci-dessous les réponses fournies par Pravind Jugnauth lors de la PNQ :

PRIVATE NOTICE QUESTION

To ask the Honourable Prime Minister, Minister of Home Affairs, External Communication and National Development Unit, Minister of Finance and Economic

Development –

Whether, he will state if he has taken cognizance of the public demand for a far ranging and complete Commission of Inquiry on the Alvaro Sobrinho affair and further state if the terms of the Commission of Inquiry as announced on Friday 23 March instant will be widened accordingly?

REPLY

Madam Speaker,

As Prime Minister and Head of Government, I have the privilege to be regularly informed of matters of national interest. One of those matters relates to the case of Mr Alvaro Sobrinho which has been ventilated in the

media and, on and off, subject of wild allegations by politicians of all shades.

Madam Speaker,

As the House will recall, in my reply to the PNQ on 04 April 2017, I stated, inter alia, and I quote:

“Given that there are already various investigations being carried out by the Financial Services Commission and other bodies, including the CCID on alleged false and misleading statements made to the FSC in connection with a licence application by one of the companies of the Group, and also given the fact that local Commercial Banks are satisfied with the sources of funds, I consider that the setting up of a Commission of Inquiry is not justified. Madam

Speaker, let me assure the Hon. Leader of Opposition and the House that no stone is being left unturned or shall be left unturned to establish the facts and the truth in the Alvaro Sobrinho case” Unquote

Madam Speaker,

I am informed that the application for an Investment Banking licence by Alvaro Sobrinho Africa Ltd (ASA Ltd) was received by the FSC on 29th September 2016. The application was processed by the Licensing Cluster

of the Commission as well as other relevant Supervision Clusters. It was then considered by the Applications Committee chaired by the then Acting Chief Executive of the Commission. I am further informed that this process

took approximately 2 months and the Investment Banking licence was issued to ASA Ltd on the 25th of November 2016. 

Following a series of media articles relating to the supposed legal advisor of ASA Ltd in March 2017, a complaint was lodged on the 10th of March 2017 by the FSC at the CCID on ASA Ltd for having potentially misled the Commission by providing false information, which is a serious criminal offence.

Following the criminal investigation conducted by the CCID, on the 18th of August 2017, the DPP decided to prosecute ASA Ltd based on the charges of ‘making statement which it ought reasonably to know was

misleading’. As from September 2017, the FSC engaged with its international counterparts in Switzerland, Portugal and Angola to obtain further relevant information pertaining to the promoters of ASA Ltd. As from the 6th of September 2017, the FSC equally entered into a process of obtaining the Information with respect to the case lodged.

I am informed that the FSC officially received the Information from the DPP’s office on Thursday 15th March 2018.

In line with its statutory objectives, the FSC has, according to prevailing legislative framework, already initiated relevant enforcement actions against ASA Ltd since the 19th of March 2018.

Madam Speaker,

As part of this enforcement process, I am further informed that the FSC has, today, already proceeded with the suspension of the Investment Banking licence of ASA Ltd.

Madam Speaker,

The nation has been taken aback by the Platinum Card case where numerous allegations have been made in the press against Mrs Ameenah Gurib-Fakim, former President. Events that unfolded led to her resignation

which I believe was the best choice for the country. Recent events have brought new facts to light. These events,

Madam Speaker, have shown that unscrupulous individuals in this country are bent upon subverting the rule of law. Those unscrupulous persons have gone to the extent of attempting to destabilise our system of Government going against all established constitutional, legal, administrative and conventional procedures in our country.

In the light of the said recent events, Government has decided that a Commission of Inquiry be set up to enquire and report on such an attempt to circumvent the rule of law in our country. 

It is evident Madam Speaker that my Government shall leave no stone unturned to uncover the truth and therefore this Commission of Inquiry will also enquire into matters incidental or ancillary to the matter to

be enquired into and reported upon.

Madam Speaker,

Furthermore, on Friday 23rd of March, I also announced during my meeting with the Press that following allegations echoed in the Press over the preceding days and also those made by some Members of the

Opposition, I decided to refer to the ICAC an anonymous letter which beside the Leader of the Opposition, I too had received. The letter listed a number of allegations on which the ICAC should enquire and which included those echoed in the Press and by some politicians.

I have no doubt that light will be shed on all the allegations when the ICAC enquiry is over.

Madam Speaker, Section 12(2)(a) and (b) of the Commission of Inquiry Act provides that no evidence given before a Commission shall give rise to any civil or criminal proceedings other than a prosecution for perjury against any

person giving such evidence or be admissible against any person in any civil or criminal proceedings, except in the case of a witness charged with having given false evidence before the Commissioner or Commissioners.

Pursuant to section (12)(2) of the Commission of Inquiry Act, any evidence adduced before a Commissioner cannot therefore be relied upon to institute proceedings, criminal or civil, against any person. On the other hand, if an enquiry is conducted by the ICAC or the Police any evidence obtained can form the basis of an action to be initiated before a Court of law.

I am therefore of the view that initiating a Commission of Inquiry would only further drag matters and will not result in concrete action as opposed to an investigation conducted by the ICAC.

Madam Speaker,

I therefore invite anybody who has any relevant information to come forward and give evidence before the ICAC.

No person should have any hesitation to give evidence as informers and witnesses who collaborate with ICAC enjoy protection as regards their identity and also protection from any civil or criminal suit pursuant to sections 48 and 49 of the Prevention of Corruption Act.