The Bail Act applies in the case relating to the Attorney General’s request for Franklin’s extradition. This was the conclusion reached by Justices Rita Teelock and Carol Green-Jokhoo. In a ruling handed down on Thursday, they overturned the decision of Magistrate Shavina Jugnauth, who had refused Jean Hubert Célerine parole and referred the case back to the Port Louis court.
The judgment said that magistrate Jugnauth’s conclusion that the warrant for Franklin’s arrest is a “warrant of conviction” because he is the subject of a conviction and prison sentence in Reunion Island is wrong.
However, the two judges stressed that the extradition proceedings, which are currently underway, must continue without delay… without taking into account, the judge pointed out, the bail proceedings, which will be debated again.
Jean Hubert Celerine, alias Franklin, was seeking a review of the Port-Louis court’s decision of 11 April 2023 rejecting his application for release.
The action was brought against Senior District Magistrate Shavina Jugnauth, with the Attorney General, the Director of Public Prosecutions and the Commissioner of Police as co-defendants.