The Leader of the Opposition managed to get the Prime Minister to concede that Yogida Sawmynaden has not been questioned by the police after the magistrate who presided over the judicial enquiry submitted her report. In his opening response, Pravind Jugnauth recalled that the then magistrate of Moka District Court submitted her report on 26 January 2022. The DPP then ordered the police to re-investigate. The Prime Minister explained that 98 statements had been recorded by the police up to January 2022. Since the submission of Magistrate Mungroo-Jugurnath’s report, another 17 people have been interviewed by MCIT. Xavier-Luc Duval then asked if Yogida Sawmynaden had been questioned after January 2022. Pravind Jugnauth said no but added that the MP for No 8 had given 8 statements to the police. Xavier-Luc Duval immediately pointed out that this was in relation to the Constituency Clerk case.
Xavier-Luc Duval also asked the Prime Minister to confirm if the Commissioner of Police had informed him of the decision of Director of Public Prosecutions to formally charge Yogida Sawmynaden. The Prime Minister said that he is aware that there is an ongoing police investigation and that the police will act accordingly.
Regarding the report of Magistrate Vidya Mungroo-Jugurnath, of which the opposition leader has filed a copy, Pravind Jugnauth insisted that it is not authentic. He pointed out that it has no signature and no district court seal. This was confirmed by the Speaker. The PM said: “However, as the House is also aware, the purported report of the judicial enquiry has been leaked out and has become the subject of debate and all sorts of comments in the media and among members of the Opposition.” He also pointed out: moreover, the trial by the Press will also undermine the course of justice and deny a fair trial to any accused who may later be brought to court.
The Prime Minister also explained that the police referred to a case of a found body and not a suicide. He deplored the fact that a police officer raised a case of suicide with the relatives of Soopramanien Kistnen. The Prime Minister also said that the leaked report is worrying. He said the government and the Attorney General are concerned. He added that even the judiciary is concerned about the matter.
The Prime minister at the start said:
“It is important to highlight that police enquiry into the death of Mr S. K. had started as far back as October 2020 at the level of Moka Police Station. The case was subsequently taken over by the Major Crime Investigation Team. Whilst the enquiry was ongoing by the MCIT, in November 2020, at the request of the Director of Public Prosecutions an interim report was sent to his Office.
On 01 December 2020, pursuant to section 111 of the District and Intermediate Courts (Criminal Jurisdiction) Act 1988, a representative of the DPP lodged a case for a Judicial Enquiry into the death of Mr S. K. at the District Court of Moka. The Judicial Enquiry started on 04 December 2020 and after hearings were completed, the District Magistrate submitted her findings to the DPP on 22 November 2021.
I am informed by the Commissioner of Police that, following a Minute from the DPP on 26 January 2022, referring to the findings of the Judicial Enquiry, the Office of the DPP instructed the Police to investigate the case and report back to his Office.
I am further informed that, since the start of the Police enquiry in October 2020 until November 2021, statements from 98 persons had been recorded. After the instructions of the DPP dated 26 January 2022, 17 other persons have been questioned by the Major Crime Investigation Team (MCIT) and their statements have been recorded.”
He concluded his reply by stating : “Let me make it very clear that we, on this side of the House, are also very keen to see that the perpetrator/s of such heinous crime, whoever they are, are brought to justice and are made to pay for their acts.”
