Supreme Court judgement: Pravind Jugnauth cleared from “conflict of interest” charge

On 30 June 2015, the Intermediate Court found Pravind Jugnauth guilty and sentenced him on 2 July 2015, to 12 months’ imprisonment. However, he appealed against the judgement. Nearly one year later, the Appeal Bench of the Supreme Court, consisting of chief justice Kheshoe Parsad Matadeen and justice Asraf Caunhye, quashed the sentence and exculpated the leader of the MSM. To sustain his appeal, Pravind Jugnauth put forward seven grounds. Four of those grounds were dropped by the Appeal Bench, while the most important one, that is, there was no breach of section 13 (2) of the Prevention of Corruption Act (POCA) was upheld. As such, the leader of the MSM was cleared. Ground 7 referred to “Injustice in sentencing”. All counsels agreed that a community service order was the appropriate sentence. The Supreme Court appeal bench deemed this ground to have been dropped. Ground 6 referred to “Charging” and claimed that the institution of criminal proceedings against Pravind Jugnauth more than two years was in breach of the time limitation as set out in section 4 of the Public Officers’ Protection Act. This point was disregarded. Ground 5 referred to the nondisclosure of cabinet memo 250 during the trial. The defence claimed the Intermediate Court was wrong not to treat this note as relevant and as such his constitutional rights were breached. The Appeal Bench dropped ground 5. Ground 4 claimed that Pravind Jugnauth’s signature constituted a mere administrative act while the Cabinet had already decided to acquire MedPoint Clinic. According to the Supreme Court, “it can neither be said that the appellant did not take part in ‘proceedings’ nor that his approval did not amount to a ‘decision’.” This point was also dropped. Grounds 2 and 3 were considered together since they both concerned the nature of the interest which may constitute the basis for criminal liability and conviction for an offence under section 13(2) of POCA. Ground 2 concerns the meaning of “personal interest”. The issue is whether Pravind Jugnauth’s sister had any “personal interest” in his decision. “The interests of a shareholder and the interests of a company are distinct and separate. As a result, the learned Magistrates were wrong to disregard the separate personality of the company,” ruled the Supreme Court. The Appeal Bench also added that the “Magistrates erred in law in misconstruing the requisite mens rea and as a result failed to make a proper assessment of the criminal and guilty intent of the appellant which had to be established beyond reasonable doubt in respect of all the composite elements of an offence of conflict of interests.” Concluding their judgement, chief justice Kheshoe Parsad Matadeen and justice Asraf Caunhye stated: “For all the reasons we have given above, we allow the appeal and quash the conviction and the sentence of the Intermediate Court.”

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[[{"type":"media","view_mode":"media_large","fid":"14526","attributes":{"class":"media-image wp-image-24243 alignleft","typeof":"foaf:Image","style":"","width":"159","height":"168","alt":"Vishnu-lutchmeenaraidoo"}}]]Vishnu Lutchmeenaraidoo: “A Prime Minister in the making”

Minister of Foreign Affairs Vishnu Lutchmeenaraidoo claims the MSM has gained new strength since Pravind Jugnauth won his appeal. “The trial of Pravind hampered the government and our national action. He is a Prime Minister in the making. I am convinced that his acquittal will reinvigorate the government. When I moved to Foreign Affairs, we had already decided that he will be the Finance Minister once he is cleared by the Court. He has held this portfolio before. It is a great relief to know that Pravind is at the helm of the country’s finances. I previously said that it is important for him to succeed me. I will stand by him in his new position as Finance Minister and also, as leader of the MSM.”

Pravind Jugnauth: “It was a very difficult journey”

Following the announcement of the judgement on Wednesday, Pravind Jugnauth stated that from now on, he will look to the future as there are lots of things to be done. “As I said, this judgement will be a turning point in my career. The possibility of losing this appeal was also present. I would have done the right thing at the earliest possible.” He thanked God, his lawyers, his family, his supporters and leaders of political parties within the ruling coalition, Xavier Luc Duval and Ivan Collendavelloo. “It was a very difficult journey but had the support of many.” After the swearing in ceremony on Thursday at State House, the new Finance Minister confided that he has been entrusted with a big portfolio. “This is a very important ministry given the current economic context. It is a challenge. I will start work as from today itself.” He further revealed that there are several deadlines including the presentation of the budget which was initially scheduled for June 6. “Obviously, with my appointment to this position, the calendar will be changed. I have to go to my Ministry and start working. It is only then that I can give an indication of the date the next budget will be presented.” The Finance Minister added that the government’s priorities remain the same: attracting investments and job creation.

[[{"type":"media","view_mode":"media_large","fid":"18003","attributes":{"class":"media-image wp-image-30627 alignleft","typeof":"foaf:Image","style":"","width":"158","height":"160","alt":"Sir Anerood Jugnauth"}}]]Sir Anerood Jugnauth: “He has a bright political career ahead”

After the judgement, Sir Anerood Jugnauth stated that he knew that there was no case against Pravind Jugnauth. “It was a bad judgement from the Intermediate Court. I am proud of the judgement of the Supreme Court. Justice has been done. I must say our judiciary is independent. I am happy for Pravind. He has a bright political career ahead and this will give him a new start.” At the swearing ceremony of Pravind Jugnauth, the Prime Minister said he completely trusts his son and it is a proud moment that the latter has made his way back to the Cabinet. “The Ministry of Finance is at the heart of the government and the country. This is a very important position. I trust him completely. I thank God that justice has prevailed. I wish him much success in the future, especially in his position as Finance Minister.”