Few people tend to challenge any speed limit offence, especially since they can get caught by the Photographic Enforcement Device Notice (PEDN).
Mr Jonathan Cesar is one of the exceptions and contested in Court a notice to pay a fine for speed limit tracked by the PEDN.
His vehicle was snapshot on 31 October 2017 at Grand River North West. A notice to pay the fine was sent to his residence. The fine remained unpaid and Mr Cesar was brought before the district Court of Port-Louis for the offence of exceeding speed limit.
He denied being present on the material date averred by the police. Moreover, he insisted that he had never received any notice by post to pay any fine. The police could explain the letter sent to Mr Cesar and had failed to add as witness someone from the Mauritius Post. Magistrate Bholah stated that no evidence was adduced on behalf of the prosecution to ascertain as to whether Mr Cesar himself was driving the vehicle at the material time. Moreover, the prosecution has failed to adduce any official record with respect to the delivery of the PEDN and merely adduced the list of the registered postal packets which bears the address of Mr Cesar when the PEDN was issued. The Court further takes the view that the prosecution did not call the representative of the Director of the Mauritius Post Ltd, who was present on the day of trial, to enlighten on the issue. Mr Cesar was therefore given the benefit of the doubt.
