Gooljaury’s 3 month conviction suspended pending probation report

Rakesh Gooljaury, the one-time business partner of Nandanee Soornack, has been found guilty by the Criminal Division of the Intermediate Court on Monday 18 April under the charge of making a false declaration to the police.

He was convicted to three month’s imprisonment for effecting public mischief. However, taking into account all the mitigating factors in his favour, Magistrate Renuka Devi Dabee has suspended the sentence pending a social enquiry report on the accused. The conclusion of the judgement reads as follows: “I am of the view that Community Service order should be contemplated as an alternative sentence. The sentence of imprisonment is therefore suspended pending Social Enquiry Report on behalf of the accused as regards whether he might benefit from a Community Service Order, requiring him to perform unpaid work in the open for a specified period. He has to pay Rs 500 as costs.” The Magistrate refers to the explanation given by witness, Chief Inspector Rughoonundun. The policeman concedes that the accused came on his own to give a statement in 2015, stating that he will reveal the whole truth concerning an incident which happened in 2011 in the bungalow of the former Prime Minister, Navin Ramgoolam, at Roches Noires, when robbers attacked him and he had to give them Rs 20,000. In the four subsequent statements, Gooljaury gave to the police, he related that his first statement was not correct. At the time he gave his first statement, he has been a close friend of Navin Ramgoolam for twelve years. He had already left the bungalow after a party when he received a call to return. He found that the ex-PM was injured at his chest and Mrs Soornack was there also. Five minutes later, DCP Jokhoo came and ten minutes later, DCP Sooroojbally advised him not to report the matter to the police. Ramgoolam insisted to have the matter reported and told Gooljaury to do so in the presence of the two DCPs who also pressurised him. He has been living with a guilty conscience for four years and he gave his second statement voluntarily. Accused spoke changed version in his second statement and reported the matter when Ramgoolam lost power in December 2014. He affirmed that he has cooperated with the police and would continue to do so. In the box, accused tendered his apologies and promised not to commit such offence anew. Furthermore, Gooljaury undertook to cooperate also as witness in the upcoming case against the former Prime Minister and the two DCPs. He specified that he was not doing so for personal gain. He, in fact, wished to reveal the truth as he had been feeling guilty and ashamed of himself for the past four years towards his wife and children. In her judgement, the Magistrate underlines that she has given consideration of the circumstances of the present case. She writes: “Accused depicted himself as being a close friend of the former PM and as such, he bowed down in a subservient manner to his pressure by giving a false statement to the police to help his friend out. Subsequently, he had a sudden change of heart and outpour of remorse which make him reveal the truth so as to free himself from a guilty conscience.”