On Thursday, October 14, 2021, the former minister, Siddick Chady, sentenced to 15 months in prison in the Boskalis case, filed a motion before the Supreme Court, to have the authorization to resort to the Judicial Committee of the Privy Council. Dissatisfied with the prison sentence pronounced against him, the ex-Chairman of the Mauritius Ports Authority (MPA), intends to ask the Law Lords to overturn his conviction, contesting the fact that his sentence initially scheduled for nine months in prison has been extended. The motion will be called this Monday, October 18, 2021, before Justice Rehana Mungly Gulbul.
It is through his lawyer, Me Renouska Brigemohane that the request was made. Siddick Chady wishes that the Mauritian high court allows him to challenge before the private council the decisions that were pronounced on September 29, 2021. That is to say, the verdict in appeal of his trial and also the one rendered in the appeal of the Director of Public Prosecutions (DPP), challenging the sentence pronounced against him by the Intermediate Court. Decisions that had been made in a single judgment although after two appeals. In this judgment, the senior Puisne Judge, Nirmala Devat and the judge, Karuna Devi Gunesh Blaghee had sentenced the former minister to serve a 15-month prison term.
Siddick Chady was then prosecuted in the intermediate court for corruption and was sentenced on November 11, 2019, by the former chief justice, Wendy Rangan to 9 months in prison. The Director of Public Prosecutions, Satyajit Boolell Senior Counsel had appealed against this verdict. His sentence was then extended to 15 months in prison. Challenging this decision of the Court of Appeal, Siddick Chady justifies his request to go to the private council “as of right” under Article 81 of the constitution with the approval of the Supreme Court. He also cites section 70 of the Courts Act.
In his motion before the Supreme Court, Siddick Chady is asking for a stay of his prison sentence pending the approval of the judiciary and the decision of the Judicial Committee. For the ex-Chairman of the Mauritius Ports Authority MPA, the issues raised in his points of appeal because of “of its great general or public importance, need to be submitted”. In the affidavit, accompanying his application, he gives an account of the Boskalis case. He points out that he was arrested twice. The first time, on September 5, 2008 following the ICAC investigation and the second time after the subsequent police investigation.
