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Rama Valayden
27,! J-'e 2013
i














This report is dedicated to all those
who abhor Miscarriage of Justice and
all forms of Injustice.






























ii












































































DISCLAIMER
This report contains information obtained from as far as possible within the Republic of Mauritius where there is no Freedom of
Information Act.
Reasonable efforts have been made to publish reliable data and information.
This report or any part may be reproduced or transmitted in any form or by any means,
electronic or mechanical, including photocopying, microfilming, and recording, or by any information
storage or retrieval system, provided necessary references are made.
Direct all inquiries or acknowledgements to Me. Rama Valayden, Teeluck Court, Port- Louis

2013

Printed in the Republic of Mauritius by Graphic & Prints Ltd
iii
Contents


Acknowledgements vi

Methodology vii

Foreward

Chapter 1: Introduction 1


Part 1
Wrongful Convictions

Chapter 2: Safety of convictions and Miscarriage of Justice 5
Chapter 3: Are we immune to a Miscarriage of Justice? 8
Chapter 4: A Tunnel vision 11
Chapter 5: Victims of Miscarriage of Justice 21
Chapter 6: Miscarriage of Justice around the world 28

Part 2
Criminal (In)justice System

Chapter 7: The Police Enquiry 34
Chapter 8: Preliminary Enquiry 71
Chapter 9: Assizes 82
Chapter 10: The Thupsee Brothers saga 91
Chapter 11: Witness Li Tung 104
Chapter 12: Time is of the essence! 121


Part 3
Mysteries

Chapter 13: The mutilated body 125
Chapter 14: The red wire 134
Chapter 15: An Empty safe 136
Chapter 16: Convenient disappearance 139










iv
Part 4
Disconcerting facts

Chapter 17: Impartiality of Trial Judge 155
Chapter 18: Exclusion of a potential member of the Jury 157
Chapter 19: The expert from Scotland Yard 159
Chapter 20: Threatening letters 161
Chapter 21: Raymond Zamir 162
Chapter 22: Mrs. Latour 165
Chapter 23: Police misleading the Prime Minister 173
Chapter 24: Fire Services 175

Part 5
Exculpatory evidence

Chapter 25: The tape 179
Chapter 26: Confessions 182
Chapter 27: CCTV cameras 185
Chapter 28: Sequestration case 188
Chapter 29: Iron pole 190

Part 6
Escadron de la Mort

Chapter 30: Who were they? 191

Part 7
An analysis

Chapter 31: The bigger picture 195

Part 8
Post 27
th
June 2013

Chapter 32: Whats next? 199

Part 9
Recommendations

Chapter 33: Our recommendations 212

Part 10
Annexures




v






To the living we owe respect
To the dead we owe only the truth

Voltaire

































vi
Acknowledgment

This Report was made possible thanks to the support and advice
of many individuals and organisations. The team of lawyers who
conducted this enquiry would like to thank everyone who
contributed to this endeavour.

Special thanks go to those who have lost their eternal loved ones
in the Amicale arson but who had the courage to go through the
ordeal once again to help us in our quest for truth.

We are also especially grateful to those who have been working
within the different governmental services, such as the Police and
Fire Services who have jeopardized, hope not, their careers in
providing to us invaluable information and pointers.

We would also like to acknowledge all the lawyers who have
encouraged us throughout our enquiry.

A number of experts generously gave their time for the cause. We
are grateful to them.

We acknowledge the support of our dearest families that had to
bear with us, the burden of our tantrums, worries and absences.

We deeply acknowledge the moral support of the general public in
Mauritius and abroad which has boosted our morale.




vii
Methodology

The idea behind the enquiry conducted by myself and a group of
lawyers, on a pro-bono basis, was to shed the light on the arson
which occurred at LAmicale de Port Louis, a game house, in
Mauritius, on the 23
rd
May 1999.

The objective of the report is to publish the findings of our enquiry
together with our conclusions and critics as regards to the manner in
which the Police enquiry was conducted.

A number of disturbing facts have also come to light in respect of the
Preliminary Enquiry and the Assizes. These will also be addressed in
the report.

The first step was to gather all the files containing court transcripts,
depositions and all other documents produced in court. Thereafter,
requests were made to the general public for those who had
information to come forward and share it with us.

We have also painstakingly attempted to get in touch with all the
persons who we thought could provide help to us including police
officers, retired police officers, members and ex members of the SSU,
the SMF and the firemen who attended LAmicale de Port Louis on
that fateful night, bouncers and other employees of the game house,
people residing in the neighbourhood of LAmicale de Port Louis
and many more individuals whom we believe could help us in our
quest for justice.

viii
We have interviewed more than 115 persons, many of whom had
never been interviewed by the police regarding the events of the 23
rd

May 1999.

Some of those persons, whilst voluntarily giving information to us,
have asked us not to reveal their identities. Others chose to remain
anonymous for now but have promised to come forward if there is a
Commission of Enquiry or other enquiry by the police.

Finally, some witnesses have not only agreed to impart information
to us but have also sworn affidavits to that effect, which are annexed
to this report.

We have also retained the services of experts including British
forensic experts to assist us in certain areas of our enquiry.

1
ON MONDAY 20 NOVEMBER 2000 AFTER RECESS

Before Honourable P. Lam Shang Leen, Judge

Criminal Session:- State v. Sumodhee & Ors.


All accused present
Parties represented as above


COURT:- Well, let us have the jurors, please. Yes, Mr. Foreman, have you
reached a verdict?


MR. FOREMAN:- Yes, My Lord. After deliberations, we have found Accused
No. 1 guilty as charged by a majority of 8:1, Accused No. 2, guilty as charged
by a majority of 8:1, Accused No. 3, guilty as charged by a majority of 8:1 and
Accused No. 4, guilty as charged by a majority of 8:1. Thank you, My Lord.

COURT :- Thank you, Mr Foreman.

Inform the Accused that the Jury has found them guilty as charged.

MR INTERPRETER:- The have been informed accordingly, My Lord

()

COURT:- Accuss Nos. 1, 2, 3 et 4, bannes Jurs fine trouve zotte
coupables 8 contre 1, zotte ine tender. Dapres la loi, avant mo passe
sentence, zotte nan quitechose pou dire, ou bien pnan narien pou dire ?




2
ACCUSED NO. 1 :- Mo innocent dans ca case la

COURT: Daccord, ok.

ACCUSED NO. 2 :- Mo innocent Missi, mo maintenir mo innocence.
Mo donne avis dappel.

COURT :- Oui. Laisse mo fini passe sentence, aprs ou va dire.

ACCUSED NO. 3 :- Mo innocent depuis lor la terre, depuis cotte Bon
Dieu aussi mo pou innocent

ACCUSED NO. 4 :- Mo ene innocent, malgr ca mo rode lappel.

COURT :- OK. Bon dapres la loi ene seul sentence qui enan: penal
servitude for life for all of them


1. This guilty verdict represents multiple failures at all levels of our Criminal Justice
system.

2. A double injustice was caused:

- Firstly, to those who had lost their lives on that fateful evening of the 23rd May
1999, to their respective families and close ones

- Secondly, to the four convicts who have now spent more than 14 years behind
bars for a crime they did not commit.

3. At that time, the convictions appeased public pressure. Our justice system, had in the
mind of the average citizen, delivered justice and a dark page of the Countrys history
could be turned.


3
4. The assizes lasted for 11 days. Several witnesses deponed including defence witnesses.

5. It took the jury a little under two hours to deliberate and reach a verdict.

6. Prior to the Assizes case, the four accused faced a Preliminary Enquiry together with
five other persons. The preliminary enquiry spanned over a period of several months
during which 59 witnesses deponed.

7. At the Assizes:

Sheik Imran Sumodhee, hereinafter referred to as Mounou, then Accused No. 1,
Khaleeloudeen Sumodhee, hereinafter referred to as Bb, then Accused No. 2,
Abdool Naseeb Keeramuth, hereinafter referred to as Zulu, then Accused No. 3,
And
Muhammad Shafiq Nawoor, hereinafter referred to as Fico, then Accused No. 4

Were accused to have on the 23rd May 1999 set fire to a game house known as
LAmicale, situated in the capital city of Port Louis, which fire caused the death of
seven persons.

8. The victims included a pregnant woman and two children who all died of an
unspeakable horror. The horrendous crime did, quite understandably, spark public
outrage.

9. The police enquiry immediately focused on the fans of a local football team, the Scouts
Club and for cause, the 23rd May 1999 was also the final day of the local football
season whereby the Scouts Club, traditionally the standard-bearers of the Muslim
community, were playing against Fire Brigade, a football team, customarily drawing its
support from the Creole community in a match that would decide the Mauritian football
league title.

10. The match was being played at Anjalay Coopen Stadium, Belle Vue, in the north of the
island.

4
11. Scouts Club needed a draw to retain the championship. Their opponent, Fire Brigade,
required victory to snatch the title.

12. Midway through the second half, Scouts Club scored but the goal was disallowed. In
the 89th minute Fire Brigade scored, Scouts Club subsequently had another goal ruled
out and the former were proclaimed champion. Sensing injustice, the Scouts fans
rioted, assaulted the referee and destroyed some 345 seats, numerous washbasins,
toilets, windows and other facilities at the stadium.

13. More seriously, the incidents continued outside the stadium where some football fans,
turned hooligans, set fire to sugar cane fields around Anjalay stadium. The incidents
eventually spilled over in Port Louis.

14. The next morning, Mauritius woke up and learned about the tragedy whereby 7 people
had lost their lives during the incidents of the night before.

15. The four convicts have claimed their innocence from Day 1. Fourteen years
later, it is with the same vigour that they say, all they want is to die with their names
cleared.

16. This report which is the result of an extensive enquiry conducted into the
horrific events of the 23rd May 1999 will shed the light on all aspects of the
Amicale Case in an unprecedented manner.

17. It will be demonstrated in no uncertain terms that the Amicale Case is a gross
Miscarriage of justice whereby the factually innocent ones have been
convicted.

18. The end result of that gross miscarriage of justice derives from several root
causes.

19. Before going into the core of the report, it is useful at this juncture to
understand the terms wrongful conviction and miscarriage of justice; and to see
how Countries, around the world, have recognised their existence and have

5

Part 1: Wrongful Conviction

Chapter 2
Safety of conviction and Miscarriage of Justice

20. Unlike the natural sciences, where the proof of a theory must satisfy the strict tests of
falsification, the guilt or non guilt, in Criminal Law, is a tested to the standard of
beyond reasonable doubt.

21. Sadly, the following quotation extracted from the House of Lords ruling in the case of
Director of Public Prosecutions v. Shannon [1974] 59 Cr.App.R.250 clearly illustrates
that the criminal justice system is fallible and innocent victims can be, and are, wrongly
convicted:

The law in action is not concerned with absolute truth, but with
proof before a fallible human tribunal to a requisite standard of
probability in accordance with formal rules of evidence.

22. The history of successful appeals against criminal conviction in this country and
worldwide highlights the practical limitations of criminal trials, showing that
probabilities are not certainties; and that there are a whole host of different ways that
people can be wrongly convicted.

23. As a matter of fact, people do get wrongfully convicted and after exhausting all their
avenues, they usually find themselves sitting powerlessly behind bars devoid of any
hope whatsoever. They just wait for their sentence to pass by as they gradually lose
their family ties, their loved ones and finally become institutionalised.

24. The question which begs to be answered is: What do we do about them?

25. The first sensible thing is to shoulder our responsibilities and acknowledge the
undisputed fact that system can go wrong sometimes.
6

26. In 2000, UKs then Prime Minister Tony Blair apologized to the Guildford Four
1

convicts for their wrongful conviction. In a letter personally signed by him, Mr. Blair
acknowledged the miscarriage of justice which they suffered as a result of their
wrongful convictions.

27. Hon. Tony Blair said:
I believe that it is an indictment of our system of justice and a matter for the greatest
regret when anyone suffers punishment as a result of a miscarriage of justice. There
were miscarriages of justice in your husbands case, and the cases of those convicted
with him. I am very sorry indeed that this should have happened.

28. Criminal law is informed by the principles of due process as to what constitutes a fair
trial. A major concern of the courts is with the integrity of that process, with what
might be called the safety of convictions.

29. It is in this context that a distinction should be made between the terms miscarriage of
justice and wrongful conviction of an innocent person.

30. Whilst miscarriage of justice is a term that is frequently and notoriously invoked, very
little has been done by way of decisions clarifying the term.

31. A 'miscarriage' means literally a failure to reach an intended destination or goal. A
miscarriage of justice is therefore, mutatis mutandis, a failure to attain the desired
end result of 'justice'.

32. In a judgment delivered on the 11
th
May 2011 by the Supreme Court of the United
Kingdom, Britains most senior judges formulated a test in determining whether a
miscarriage of justice has occurred. The Court said that there would be a miscarriage of
justice:

when a new or newly discovered fact shows conclusively that the evidence against a
defendant has been so undermined that no conviction could possibly be based upon it.

1
See Chapter 6
7

33. According to Dr Michael Naughton (Reader in Sociology and Law at the University of
Bristol, UK), a miscarriage of justice occurs whenever a conviction is found to be
unsafe.

34. That is, while actual innocence may not be established, it is shown that the conviction
was attained on grounds that give serious cause for anxiety about its safety.

35. The term miscarriage of justice can therefore be contrasted with a case of wrongful
conviction of an innocent person in which case an accused party is convicted a crime
they did not commit or put in another way, the conviction of the factually innocent.

36. It is possible of course, for the two notions to coexist in a single case: An accused party
being accused of a crime they did not commit and being found guilty on grounds that
are subsequently found to be unsafe.

37. This report demonstrates with certainty that the convictions of Mounou, Bb, Zulu and
Fico at the Assizes caused the greatest miscarriage of justice in the history of Mauritius.

38. It will also be demonstrated that their conviction is, without the shadow of a doubt, a
case of wrongful conviction.












8
Chapter 3:
Are we Immune to a Miscarriage of Justice?
39. With the total absence of any mechanism to recognise and deal with wrongful
convictions in this country, one could be forgiven to think that we are immune from
any form of miscarriage of justice.

40. In fact, our judicial system, unlike those of countries like Canada, India, Singapore,
Australia, United States of America or New Zealand, has never come under public
scrutiny for reasons of miscarriage of justice.

41. Does that mean we are immune? Has there been no wrongful conviction in the
Mauritian history?

42. It is fair to say that Anglo-based criminal justice systems, like the one we have in
Mauritius, are arguably less prone to wrongful convictions than any other justice
systems in the world.

43. This is because of the number of safeguards that exist, for example:
a. An accused person is presumed innocent throughout.
b. The prosecution must prove its case beyond reasonable doubt.
c. The Accused has the right to counsel and to present evidence.
d. Accused persons have the right to be tried by a jury of their peers, at least in the
most serious of cases.
e. A labyrinth of evidentiary rules exclude irrelevant or prejudicial information
f. The Constitution guarantees a significant number of rights to accused persons.

44. Furthermore, in the event of a conviction after trial, appeals may be made to a Court of
Appeal and ultimately to the Judicial Committee of the Privy Council.

45. Despite these safeguards, other countries having a similar criminal justice system, like
the ones mentioned above, have come to terms with the fact that wrongful convictions
do exist.
9

46. Acknowledging that the system, despite all the safeguards, sometimes fails, was a giant
step for these countries since the number of exonerations following wrongful
convictions are now counted in their thousands; and with the advent of the DNA testing
technology, countless wrongly convicted persons have been saved from several years of
imprisonment and in more serious cases, life imprisonment or even death penalties.
2


47. In the United States, a national registry of exonerated persons was recently set up and it
has emerged than more than a staggering 2000 people were wrongly convicted of
crimes they did not commit and served a number of years in prison before being
exonerated.

48. In the United Kingdom convictions in cases like the Birmingham Six, the Guildford
Four or the Maguire Seven have been declared unsafe and unsatisfactory and were
quashed after those wrongly convicted had each spent more than a dozen years in
prison for crimes they did not commit.

49. Public confidence in the criminal justice systems in these countries has been shaken
because wrongful convictions represented a triple failure of justice:

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2
Several reviews have been conducted in Canada (The Marshall inquiry, The Sophonow Inquiry, The Morin
Inquiry) and in the United Kindom (Birmingham Six, Guildford Four).
3
Wrongful Convictions: The Effect of Tunnel Vision and Predisposing Circumstances in the Criminal Justice
System by Bruce A. Macfarlane Q.C
10

50. However the silver lining was that these countries, having come to terms that the
system failed and acknowledging the existence of wrongful convictions did the right
thing in finally offering justice to those wrongfully convicted persons.

51. In addition, Commissions were set up, not only to exonerate those who have been
wrongfully convicted, but also to examine what exactly went wrong in the system to try
and prevent such injustices from occurring again.

52. In fact, the impact of wrongful convictions in Canada has reached through to the
Supreme Court of Canada which in various judgments has noted:

that both substantive criminal law and the law of evidence must take into account the
reality of wrongful convictions when courts are called upon to shape (or reshape)
Canadian law.
4


53. It would have been all too easy to deny any system failure, dismiss the claim and turn
the page, but that would mean that the countries would have failed to face up with their
responsibilities towards their citizens and would also leave the door open to more cases
of wrongful convictions.

54. The various commissions that have been set up in the above named countries all came
with their different recommendations on the root causes of miscarriages of justice and
wrongful convictions as well as recommendations on their prevention.

55. One issue which was common to all the countries and which has been identified as a
leading cause of miscarriage of justice and/or wrongful conviction, was the existence of
tunnel vision at the enquiry stage.





4
Supra also U.S. v. Burns, (2001) 1 S.C.R. 283; R v. Trochym, 200 SCC 6; Hill v. Hamilton-Wentworth
Regional Police, 2007 SCC 41
11

Chapter 4:
A Tunnel vision

56. Tunnel vision, which has been identified as a leading cause of wrongful convictions
worldwide, has been defined as:

the single minded and overly narrow focus on an investigation or prosecutorial
theory so as to unreasonably colour the evaluation of information received and ones
conduct in response to the information
5


57. The role of the prosecuting authorities has received considerable judicial comment,
with frequent emphasis upon the inherent fairness that is integral to its role.

58. The following is a passage from the judgment of Boucher v. The Queen, where Rand J
said:

It cannot be over-emphasized that the purpose of a criminal prosecution is not
to obtain a conviction, it is to lay before a jury what the Crown considers to be
credible evidence relevant to what is alleged to be a crime. Counsel have a
duty to see that all available legal proof of the facts is represented; it should be
done firmly and pressed to its legitimate strength but it must also be done
fairly. The role of the prosecutor excludes any notion of winning or losing; his
function is a matter of public duty than which in civil life there can be none
charged with greater personal responsibility. It is to be efficiently performed
with an ingrained sense of the dignity, the seriousness and the justness of
judicial proceedings.





5
Morin Inquiry (Recommendation 74) and quoted in the FPT Heads of Prosecutions Committee report of the
working group on the prevention of miscarriages of Justice (Canada)
12

59. Within the context of tunnel vision, Prosecutors and State Counsels ought to
consistently strive to independently assess the police investigation and the evidence
against an accused.

60. In a report on the prevention of miscarriages of justice which is published on the
website of the Department of Justice of Canada (www.justice.gr.ca), the following
factors were identified as potential contributors to the States tunnel vision, that is,
impairing the proper role of the State Counsel:

a. Close identification with police and / or victim
b. Pressure by the media and/or special interest groups ; and
c. Isolation from other perspectives

61. There have been three Commissions of Inquiry into wrongful convictions in Canada so
far and all three have commented on the perils of tunnel vision and have made
recommendations for police and Crown education on the topic.

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13

II.The Inquiry regarding Thomas Sophonow

The Sophonow Inquiry recommended regular, mandatory training for
police officers on tunnel vision:

- Tunnel vision is insidious. It can affect an officer or, indeed, anyone
involved in the administration of justice with sometimes tragic results. It
results in the officer becoming so focussed upon an individual or incident
that no other person or incident registers in the officers thoughts. Thus,
tunnel vision can result in the elimination of other suspects who should
be investigated. Equally, events that could lead to other suspects are
eliminated from the officers thinking. Anyone, police officer, counsel, or
judge can become infected by this virus.

- I recommend that attendance annually at a lecture or a course on this
subject be mandatory for all officers. The lecture or course should be
updated annually and an officer should be required to attend before or
during the first year that the officer works as a detective.

- Courses or lectures that illustrate with examples and discuss this
problem should be compulsory for police officers and they would
undoubtedly be helpful for counsel and judges as well.

III. The Commission on Proceedings involving Guy Paul Morin

The Morin Inquiry extended the above recommendations to include
Crown Attorneys:






14
Recommendation 74 Education respecting tunnel vision

One component of educational programming for police and Crown
counsel should be the identification and avoidance of tunnel vision. In
this context, tunnel vision means the single minded and overly narrow
focus on a particular investigative or prosecutorial theory, so as to
unreasonably colour the evaluation of information received and ones
conduct in response to that information.

Recommendation 92 Structure of police investigation

Investigating officers should not attain an elevated standing in an
investigation through acquiring or pursuing the best suspect or lead.
This promotes competition between investigative teams for the best lead,
results in tunnel vision and isolates teams of officers from each other.


62. Unfortunately Mauritius is not immune from tunnel vision and as things stand there are
no practices currently in place to prevent tunnel vision.

63. Unless the various stakeholders, including defence counsel, are not warned and guided
there are bound to be cases where innocents will unfortunately be jailed while the real
culprits let on the loose.

Recommendations on Tunnel Vision:

The MacFarlane Paper

64. In a paper entitled Wrongful Convictions: The Effect of Tunnel Vision and
Predisposing Circumstances in the Criminal Justice System, Bruce A. MacFarlane Q.C
discussed two critical factors that have arisen in the cases of wrongful convictions in
jurisdictions such as Canada, the United States and other Commonwealth counties.


15
65. He stated that despite the diversity in the legal, political and social environments of
these jurisdictions the similarity in causal patterns and trends is at the same time both
chilling and disconcerting.

66. Firstly, he analysed the existence of environmental factors or predisposing
circumstances that foster wrongful convictions to occur in the first place, including so
called noble cause corruption, an ends-based police and prosecutorial culture that
masks misconduct as legitimate on the basis that the guilty must be brought
successfully to justice.

67. Secondly, he examined tunnel vision which he said leads to justice system
participants to focus prematurely on a single suspect.

68. Of the Predisposing Circumstances in the Criminal Justice System, MacFarlane Q.C
noted that:

Criminal investigations and trials take place in the context of the social,
political and economic conditions of the time. In theory, criminal
investigations and trials involve an objective pursuit of the truth, but in
practice there are many subjective factors that influence the course of
events. Justice may be blind, but in reality the various players making
up the justice system are very human and they bring their own
perspective, experiences, biases, aspirations and fears to the decisions
they make.

69. Scholars have focussed on reforms concerning immediate causes at the front end of
the system such as eyewitness identification, lack of Crown disclosure, police or
prosecutorial misconduct and the inducement of false confessions.

70. These causes have singly or in combination been the cases of wrongful convictions in a
significant number of cases throughout the Commonwealth.

16
71. The MacFarlane paper instead focuses on several much more fundamental and less
visible environmental or predisposing circumstances that foster wrongful
convictions:

These predisposing circumstances are often below the criminal justice
systems radar screen, and for that reason they are much more difficult to
deal with. Typically, they can be found within one or more of the
following institutional or social contexts, or a combination of them:

a) public and media pressure on law enforcement agencies to solve a crime
and successfully prosecute the perpetrator, especially in cases of horrific
violence where the public has been outraged by its commission;

b) cases where the public reacts to the background or circumstances
surrounding the alleged offender, especially when he or she is perceived
as being an outsider or a person originating from an unpopular,
disadvantaged or minority group linked to criminal activity generally;

c) so-called noble case corruption, which for our purposes may be
described as an ends based culture that encourages investigators to blind
themselves to their own inappropriate conduct, and to perceive that
conduct as legitimate in the belief that they are pursing an important
public interest; and

d) an investigative environment that allows if not encourages the provision
and acceptance of pre-analysis and pre-decision-making information that
may be irrelevant, speculative, incomplete, out of context or simply
wrong.






17
There are at least two principal themes that underlie these
predisposing circumstances. The first concerns the reaction of the public
to a case, particularly where it involves horrific violence directed toward
a child or woman, or the death of a child in tragic circumstances. The
second involves the reaction of justice system participants to public and
media perceptions of the case, with resulting feelings of pressure to solve
the case and provide assurances of public safety, and with speed
becoming the overarching objective.

72. Bruce A. MacFarlane Q.C. noted that public outrage in high profile cases can translate
into intense pressure on the police to arrest and on prosecutors to convict with speed
becoming the overriding factor:

High-profile criminal cases, particularly those involving gruesome facts,
tend to inflame community passions and create intense, almost hydraulic,
pressure on investigators to solve what happened and arrest those
responsible, and on prosecuting authorities to successfully convict those
charged. Public and media pressure probably forms the most intense
predisposing circumstance, and poses the greatest risk for distorting
normal decision making in the criminal justice system.

73. In a 1932 United States study on wrongful convictions entitled Convicting the
Innocent, Professor Edwin Borchard of Yale University described several
environmental factors that allowed wrongful convictions to occur.

74. The first involved public pressure to solve horrific crimes:
(I)t is common knowledge that the prosecuting technique in the United
States is to regard a conviction as a personal victory calculated to
enhance the prestige of the prosecutor. Except in the very few cases
where evidence is consciously suppressed or manufactured, bad faith is
not necessarily attributable to the police or prosecution; it is the
environment in which they live, with an undiscriminating public clamor
for them to stamp out crime and make short shrift of suspects, which
often serves to induce them to pin a crime upon a person accused.
18
Public opinion is often much to blame as the prosecutor or other
circumstances for miscarriages of justice. Criminal trials take place
under conditions with respect to which public interest and passions are
easily aroused. In 14 of the cases in this collection in which the frightful
mistake committed might have been avoidable, public opinion was
excited by the crime and moved by revenge to demand its sacrifice, a
demand to which prosecutors and juries are not impervious. This can by
no means be deemed an argument for the abolition of the jury, for judges
alone might be equally susceptible to community opinion. But it is a fact
not to be overlooked.

75. He explained how this can contribute to tunnel vision:

Tunnel vision sometimes sets in. The investigative team focuses
prematurely, resulting in the arrest and prosecution of a suspect against
whom there is some evidence, while other leads and potential lines of
investigation go unexplored. It is now clear that that is precisely what
occurred in the cases of Morin and Sophonow.


THE BIRMINGHAM SIX

76. The Birmingham Six case provides an illustration of how tunnel vision inevitably led to
a miscarriage of justice:

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19
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20
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6$$+ .2$+3.4.$2?




























21
Chapter 5:
Victims of Miscarriage of Justice

78. Having come to terms with the fact that miscarriages of justice and wrongful
convictions do occur and that this country just like any other is prone to the danger of
convicting innocent persons, we have seen what should be done in order to reduce those
risks.

79. But how about those who have already been wrongfully convicted and are powerlessly
behind bars serving a sentence for crimes they did not commit? What should be done?
Are there any remedies available to them?

Prerogative of Mercy

80. The prerogative of mercy is regarded as the only means to remedy an injustice. It is
most often used to ameliorate the harshness of sentences imposed by our courts of law.

81. Before looking at the operation of prerogative of mercy in this country, it is helpful to
look at the situation in England, for after all, this is where we inherited this concept
from.

82. For centuries in England, the royal prerogative of mercy was the sole means to remedy
an injustice. It was most often used to ameliorate the harshness of sentences imposed by
the courts.

83. Later, through the early 19
th
century, when there were over 200 offences carrying the
death penalty in the statute books, it provided a means of affording clemency to those
convicted of relatively minor capital offences.

84. However, it was not just an exercise of mercy: It also operated to temper the
inadequacies of substantive law before the development of common law or statutory
defences, such as insanity and self-defence.
22

85. Finally, it also came to provide a safety net when judicial appeals had been exhausted.

86. In a sense therefore, the coming to existence of the prerogative of mercy was an
acknowledgment of the fallibility of the judicial process; that the rules of evidence did
not always lead to the correct outcome so far as guilt or innocence was concerned.

87. In Queen Victorias time, the responsibility for determining petitions for the exercise of
the prerogative passed from the Sovereign to the Home Secretary.

88. The responsibility was also delegated to the governors of colonies and, later, to the
governors-general of the dominions.

89. In Mauritius, the exercise of the prerogative of mercy is grounded in our constitution.
Section 75 provides as follows:

75. Prerogative of mercy

(1)The President may

(a) grant to any person convicted of any offence a pardon, either free or subjectto
lawful conditions;

(b) grant to any person a respite, either indefinite or for a specified period, of
the execution of any punishment imposed on that person for any offence;

(c) substitute a less severe form of punishment for any punishment imposed on
any person for any offence; or

(d) remit the whole or part of any punishment imposed on any person for an
offence or of any penalty or forfeiture otherwise due to the State on account
of any offence.
23
(2) There shall be a Commission on the Prerogative of Mercy (referred to in this
section as "the Commission") consisting of a chairman and not less that 2 other
members appointed by the President, acting in his own deliberate judgment.

(3) A member of the Commission shall vacate his seat on the Commission-

(a) at the expiration of any term of appointment specified in the instrument of his
appointment; or

(b) where his appointment is revoked by the President, acting in his own
deliberate judgment.

(4)(a)In the exercise of the powers conferred upon him by subsection (1), the President
shall act in accordance with the advice of the Commission.

(b) The President may request the Commission to reconsider any advice tendered by it
and shall act in accordance with such advice as may be tendered by the Commission
after such reconsideration.

(5) The validity of the transaction of business by the Commission shall not be affected
by the fact that some person who was not entitled to do so took part in the proceedings.

(6) Where any person has been sentenced to death (otherwise than by a court martial)
for an offence, a report on the case by the judge who presided at the trial (or, where
http://www.gov.mu/scourt/doc/showDoc.do?dk=Act No. 48 of
1991&dt=Ahttp://www.gov.mu/scourt/doc/showDoc.do?dk=Act No. 28 of
2003&dt=Aa report cannot be obtained from that judge, a report on the case by the
Chief Justice), together with such other information derived from the record of the
case or elsewhere as may be required by or furnished to the Commission shall be taken
into consideration at a meeting of the Commission which shall then advise the
President whether or not to exercise his powers under subsection (1) in that case.



24
(7) This section shall not apply in relation to any conviction by a court established under
the law of a country other than Mauritius that has jurisdiction in Mauritius in pursuance
of arrangements made between the Government of Mauritius and another government or
an international organisation relating to the presence in Mauritius of members of the
armed forces of that other country or in relation to any punishment imposed in respect of
any such conviction or any penalty or forfeiture resulting from any such conviction


90. It needs to be pointed out that additionally, akin to the powers of the Home Secretary in
the United Kingdom, the President has the power, under Section 21 of the Criminal
Appeal Act 1955 to refer a case back to the Supreme Court to be heard and determined
by the Court as in the case of an appeal by a person convicted.

91. The fact that section 21 of the Criminal Appeal Act 1955 has never been put into
operation goes a long way to tell the story of the wrongfully convicted in Mauritius.

92. There remains the Prerogative of Mercy. Is this though a viable option for those who
claim having been victims of wrongful convictions? For after all, it does not innocent
the prisoners, it merely mercies them.

93. In England, amid claims of miscarriages of justice and wrongful convictions, concerns
grew over the effectiveness of the available options as a remedy to cure such travesties.

94. That factor coupled with the growing awareness of the constitutional tension inherent in
the pardoning process led to a re-evaluation of the way in which the prerogative of
mercy was being exercised.








25
The Criminal Cases Review Commission

95. On 14
th
March 1991 Paddy Hill, Hugh Callaghan, Richard McIlkenny, Gerry Hunter,
Billy Power and Johnny Walker with Chris Mullin MP stood outside the Old Bailey
free after 16 years having had their convictions overturned for the murder of 21 people
in two pubs in Birmingham.

96. It was that scandalous miscarriage of justice that ultimately shook public confidence in
the justice system.

97. As an immediate response, a Royal Commission on Criminal Justice (RCCJ) was set
to examine the effectiveness of the criminal justice system in England and Wales in
securing the conviction of those guilty of criminal offences and the acquittal of those
who are innocent().

98. It was also, among other terms of reference, required to consider whether changes were
needed in the conduct of police investigations.

99. The Royal Commission reported to Parliament in July 1993 and recommended the
establishment of an independent body to consider suspected miscarriages of justice:
The Criminal Cases Review Commission (CCRC).

100. In particular, the RCCJ concluded that successive Home Secretaries under the old
system for investigating alleged miscarriages of justice were not proactive in weeding
them out and were even failing to refer potential miscarriages of justice back to the
Court of Appeal for political as opposed to legal reasons.

101. In brief, the CCRCs role is to receive, investigate and assess applications received
where there has been a possible miscarriage of justice.

102. It is empowered to refer the case to the Court of Appeal where the Commission is
satisfied that there is a real possibility the conviction would be quashed if the case
were referred to the Court and that possibility arises due to evidence or argument not
being raised in the earlier proceedings.
26
103. The CCRC has, as at 31
st
December 2012, referred 512 cases to the Court of Appeal of
which 328 have been quashed.

104. The achievement is quite remarkable, considering that those 328 victims of
miscarriages of justice or wrongfully convicted persons had prior to their applications
to the CCRC exhausted all their appeal avenues but were still considered guilty.
Case Statistics - Figures to 31 December 2012
Total applications*: 15710
Cases waiting: 404
Cases under review: 733
Completed: 14770 (including ineligible) 512 referrals
Heard by Court of Appeal: 466 (328 quashed, 138 upheld, 0 reserved)
*Total applications includes 279 cases transferred from the Home Office when the
Commission was set up in 1997.

105. The CCRC was viewed with a great deal of interest from other jurisdictions that see
it as a possible extension to their own criminal justice system to solve their
miscarriage of justice / wrongful conviction problem.

106. For instance, the CCRC spawned the Scottish Criminal Cases Review Commission
(SCCRC), which started its work in April 1999 and the Norwegian Criminal Cases
Review Commission (NCCRC), which came into force on 1
st
January 2004.

107. We believe that the creation of such a body is a necessity in our Mauritian legal
system for it will greatly enhance public confidence in the criminal justice system, it
will give hope and bring justice to those wrongly convicted and will be able to
contribute to reform and bring improvements in the law.




27
108. This is why a criminal cases review body ought to be established. The British and
Scottish model is a good one. Staffed by experienced lawyers, forensic and police
experts, cases are reviewed to see if there are grounds for arguing a wrongful
conviction. If the case meets the required threshold, it is sent back to the court for an
assessment to be made about guilt; and in some cases, the length of sentence if it is
found that a person committed a crime but a less serious one.

























28
Chapter 6:
Miscarriage of justice around the world

109. Various commissions of enquiries, inquests and governments around the world have
acknowledged the fact that Courts of Law have, on many occasions, wrongfully
convicted (and sometimes executed) innocent people.

110. Governments, of course, are not too keen on wrongful conviction inquiries and there
are many prisoners in this nation who are serving sentences for crimes they did not
commit. Wrongful conviction inquiries can reveal police or prosecutorial misconduct,
or poor forensic practices. Governments are morally compelled to compensate
victims of wrongful convictions. In summary, relying on the political process to grant
a person their right to have new evidence tested is unfair because the urge to resist the
establishment of such inquiries outweighs the imperative to ensure justice is done.

111. However, Governments, and particularly the Attorney-General as first law officer,
ought to be taking the lead on ensuring that justice is done and that if there are real
doubts about a person's conviction for a serious criminal offence that has resulted in
his loss of liberty for a lengthy period, move to establish an inquiry immediately.

112. The following aims to bring to the attention of the reader the situation in various
countries worldwide.

113. Around the world people are tried everyday, before various courts of law. Evidence
is gathered, witnesses are summoned, lawyers use all their available tools provided
under the law to fight for the cause of justice and the court of law has the final say
when it comes to serving justice. Despite all the legal mechanisms present, one can
yet be wrongly convicted.




29
114. As shocking and distressful as it may be, courts of law, around the world, have on
many occasions found that they have wrongfully convicted, despite the presence of
expert evidence and the jurys verdict. Whilst exoneration remains a cure to a
wrongful conviction, those who have been wrongfully convicted have a very slim
chance of being exonerated.

115. Unfortunately, most of the times our criminal legal systems do not contemplate
beyond evidence adduced at trial and appeal; they do not question potential failures
occurring throughout an enquiry and the possibility that a jury could have been
misled about the truth.

A FEW EXAMPLES:

AUSTRALIA
In 1984, Richard Doney was wrongly convicted for the offence of
importation of cannabis resin. The Prosecutions case rested heavily on
the testimony of an alleged accomplice and an expert witness confirming
the handwriting of Richard Doney. He was sentenced to a term of 20
years imprisonment. Subsequently the Court found that the testimony of
the alleged accomplice was unreliable and that an eyewitness gave
evidence contrary to the expert witness. Following two trials and three
appeals he was released on parole in 1995 after having served over six
and a half years in jail. In 2001 he was acquitted when the NSW Court of
Criminal Appeal ruled unanimously that new evidence had established
reasonable doubt and that a miscarriage of justice had occurred.

116. In Australia, a pro-bono project run by Griffith University brings together lawyers,
academics and law students to work together to free innocent persons who have been
wrongly convicted. Students work under the guidance of academics and instruction of
lawyers. This group actively works on wrongful conviction and other types of
injustice within the criminal justice system.





30
USA

In 1994, Damien Echols was sentenced to death, Jessie Misskelley, Jr.
was sentenced to life imprisonment plus two 20-year sentences, and
Jason Baldwin was sentenced to life imprisonment after being found
guilty by a jury for the murder of 3 eight year old boys. Poor Police
inquiry, inadequate forensic evidence, coerced confessions, jury
misconduct and fabricated evidence led to their conviction. In 2011, 17
years later, crucial new DNA evidence of their innocence has been
uncovered including crime scene DNA that absolves the three young men
and points to others. Some of the country's leading pathologists found
that much of the forensic evidence presented to the jury, which helped to
convict the young men, was false and not consistent with the cause of
death nor wounds found on the bodies. In 2011, the prosecutors and the
defense talked and an agreement was reached for the three convicts to
proclaim their innocence even if they pleaded guilty, and, minutes later,
walked out as free men.

In 1984, Darryl Hunt was charged with murder due to inconsistencies
occurring during the early phases of the case. The 19-year-old Hunt was
charged with the rape of a local copy editor, Deborah Sykes. No physical
evidence linked Hunt to the crime, but there were claims, later proven to
be false. He was convicted by an all-white jury,and sentenced to life
imprisonment. In 1994, DNA testing cleared Hunt of any sexual assault,
and because sexual assault was at the heart of the murder case, the
murder charges were then in question. In December 2003, Willard E.
Brown confessed to the 1984 rape and stabbing death of Deborah Sykes
after DNA testing linked him to the crime. His confession led to the
release of Darryl Hunt, who had served about 19 years of a life sentence
for a crime he always denied committing.




31

117. In the USA, the Innocence Project was set up as a nonprofit legal clinic dedicated to
exonerating wrongfully convicted people through DNA testing and reforming the
criminal justice system to prevent future injustice. The Innocence Project has freed
260 people imprisoned for crimes they did not commit. The project also operates in
the UK and is known as the Innocence Network UK (INUK) which deals with
alleged victims of wrongful conviction. INUK has to date actively assisted in setting
up 34 innocence projects in Universities in England, Scotland and Wales and in a
corporate law firm.

CANADA
In 1959, Steven Murray Truscott, was sentenced to death in for the
murder of 12 year old Lynne Harper. He was only 14 at the time. His
death sentence was commuted to life imprisonment, Truscott was
scheduled to be hanged on 8
th
December 1959; however, a temporary
reprieve on 20
th
December 1959 postponed his execution to 16
th
February
1960 to allow for an appeal. On January 22
nd
January 1960, his death
sentence was commuted to life imprisonment. In 2001, Truscott sought a
review of his 1959 murder conviction. Hearings in a review of the
Truscott case were heard at the Ontario Court of Appeal. In 2007, after
review of new expert pathology and gastroenterology evidence, as well as
archival documents that relate to the credibility and reliability of the
evidence of the doctor who performed the autopsy on the body of Lynne
Harper, the court concluded that this material, which was not considered
at trial , qualified as fresh evidence which significantly undermined the
medical evidence relied on by the prosecution in the prior proceedings.
The court declared that Truscott's conviction had been a miscarriage of
justice and as such, acquitted Truscott of the murder. On 7
th
July 2008,
the government of Ontario awarded him $6.5 million in compensation.





32
118. In Canada, principally as a result of a consultation paper published by the Department
of Justice in 1998, the Canadian Criminal Code was amended to allow for the
Minister of Justice to delegate to a person of suitable standing the powers of a
Commission under Canadas Inquiries Act. The Commissioner has all the usual
robust investigative powers of a commission of inquiry and reports to the Minister.

NEW ZEALAND
In 1995, David Cullen Bain was convicted of the murders of his parents
and sibling and was served with a life imprisonment sentence. In 2007,
following new evidence found, Bain was successful in his appeal to the
Privy Council. His conviction was quashed and retrial was ordered. In
2009, 14 years later, Bain was retried and was acquitted on all five
charges in June 2009 after five hours and 50 minutes of deliberations.

UNITED KINGDOM
In 1974 Judith Ward was convicted of murder of several people caused
by a number of IRA bombings in 1973. Judith Ward spent 18 years in
jail before her conviction was quashed in 1992.Her lawyers argued the
trial jury should have been told of her history of mental illness. The
Court of Appeal concluded that Ward's conviction had been "secured by
ambush". They said government forensic scientists had withheld
information that could have changed the course of Ms Ward's trial. She
was finally released in 1992 having served 18 years in prison.

The Birmingham Six were six men who were jailed for life in August
1975 after 21 people were killed by bombs in two Birmingham pubs. In
1991 their appeal was allowed in the light of new evidence of police
fabrication and suppression of evidence which successfully dismantled
both the confessions and the 1975 forensic evidence. Their conviction
was quashed by the Court of Appeal. In 2001, a decade after their
release, the six men were awarded compensation ranging from 840,000
to 1.2 million.

34

Part 2: Criminal (In)Justice System

Chapter 7: The Police Enquiry

1. This chaptei of the iepoit aims to assess the mannei in which the police
enquiiy was conuucteu in the "#$%&'( case.

2. Bowevei, befoie looking at that aspect, it is helpful to unueistanu the
moiale of the police foice at the time anu the way in which opeiations
weie being caiiieu out.

!"#$%& ()*+), *+& -"%).& /"#.&

S. Following the iiots of Febiuaiy 1999, membeis of the Police foice weie
left feeling uejecteu. No piompt uecisions oi measuies weie taken anu
impiovement within the police foice was not encouiageu.

4. The then Commissionei of Police was suspenueu anu theie was even a
motion befoie the National Assembly to uestitute him as Commissionei of
Police with some suppoit within the iank anu file of the police foice. That,
in itself, causeu a ceitain uisiuption within the police.

S. Nessis. Shattock anu Nanuy, two non Nauiitian citizens, who weie
appointeu as auvisois, weie involveu in all opeiational anu secuiity
aiiangements uespite the fact that they weie only auvisois with no goou
knowleuge of ciowu uisoiueis anu the psyche of Nauiitians in cases of
iiots anu uisoiueis. They hau no local knowleuge anu weie not fully
awaie of the histoiy anu peculiaiities of ceitain aieas.

6. The amalgam between opeiational woik anu auvisoiy woik weie maue
moie conspicuous by ioutine anu fiequent inteiventions by the above-
nameu auvisois on the uay to uay iunning of the police foice.



35
7. The moiale of the police foice was not in any way helpeu by the piesence
of Nessieuis Shattock anu Nanuy who weie peiceiveu as being the ieal
bosses of the police foice. They weie inteifeiing, oi at least peiceiveu to
be inteifeiing, on a uaily basis, in the ioutine affaiis of the police.

8. In 1999, aftei the Amicale aison, in a heateu exchange on the "uuo" at the
National Assembly, Bonouiable Paul Beiengei even saiu "that the soonei
these two gentlemen aie thankeu foi theii seivices the bettei".

0#&12$*.+

9. Anothei aspect which neeus to be analyseu befoie looking at the police
'enquiiy' itself is the whole oiganisational opeiation piioi to the football
match.

1u. 0n the 18
th
Nay 1999, Police issueu a piess communiqu in ielation to the
football match of the 2S
iu
Nay wheie the suppoiteis of each iespective
clubs weie infoimeu of the ioutes which weie to be useu by them to anu
fiom the stauium.

11. Theie weie also two sepaiate paiking lots allocateu foi each set of
suppoiteis anu the paiking lots weie unuei close CCTv monitoiing.

12. Even the ioaus leauing to the stauium weie being monitoieu by CCTv.

1S. The total numbei of tickets solu weie 7, 46S. The Fiie Biigaue anu the
Scouts Club weie each given a quota of 4uuu tickets but an auuitional Suu
tickets weie allocateu to the Scouts Club at theii iequest.

14. The Nauiitius Football Association (NFA) also issueu vIP anu
complimentaiy caius totalling aiounu Suu.





36

1S. Because of the sensitive natuie of the match itself coupleu with the fact
that theie weie iepoits fiom the National Intelligence 0nit waining of
potential uisoiueis on the 2S
iu
Nay 1999, the following units anu officeis
weie piesent at the stauium:

)3 4#"5,6 789 #&:5%$# -"%).& "//).&#;

))3 7<= "//).&#; /#"2 *+& >-&.)$% >5--"#*),: ?,)* @>>?A

)))3 B< "//).&#; /#"2 *+& C#$//). D#$,.+

)E3 < "//).&#; /#"2 *+& F&,*#$% F#)2& $,6 G,E&;*):$*)",
H)E);)", @FFGHA

E3 I -"%).& -+"*":#$-+&#;

E)3 B "//).&#; /#"2 *+& J$*)",$% G,*&%%):&,.& >&#E).& @JG?A

E))3 7 (+"%& ."2-$,K "/ *+& >-&.)$% !"L)%& M"#.& @>!MA

E)))3 7 (+"%& 5,)* "/ *+& N#"5-&2&,* 6OG,*&#E&,*)", 6&
0"%).& !$5#).)&,,& @NG0!A

16. Ninety eight officeis of the SS0 anu sixty officeis of the SNF weie
stationeu at the Line Baiiacks.

17. Theie was also, in the stauium, a contiol ioom with televisions linkeu to
S8 cameias insiue the stauium anu 8 cameias outsiue the stauium.

18. All the police stations thioughout the islanu weie on aleit but a uistuibing
fact which has come to light is that the following key police stations weie
unueimanneu:

$3 4L&#.#"2L)& 0"%).& >*$*)",
L3 C#"5 M$,/$#", 0"%).& >*$*)",
.3 0%$),& P&#*& 0"%).& >*$*)",
63 P$%%&& 0)*"* 0"%).& >*$*)",
&3 0"-& Q&,&;;K 0"%).& >*$*)",
/3 N"E&#,2&,* Q"5;& 0"%).& 0";*
:3 R),& D$##$.S; 0"%).& >*$*)",

37
19. Bespite the fact that theie is a histoiy of inciuents at the Police Stations of
vallee Pitot anu Plaine veite, no SNF oi SS0 noi auuitional staff weie
posteu to these stations.

2u. The Infoimation Room then unuei the supeivision of SP Ramen was also
pooily staffeu anu the NI0 uesk at the Line Baiiacks was not fully
opeiational.

21. Bespite the NI0 iepoits, theie weie no uissuasive patiols by the SNF oi
the SS0 on the 2S
iu
Nay 1999 eithei befoie oi aftei the aftei the match.

22. Piioi to the match anu uespite the finuings of the Ahnee Commission
(following the Zamalek vs Suniise FC match 24
th
Naich 1996) no
meetings weie oiganiseu between the foice-vives of the localities anu the
police to encouiage uialogue.

2S. It is apposite at this stage to quote an extiact of the 'Finuings of the
Commission of Inquiiy' chaiieu by L Robeit Ahnee:

!"#$!% $' %(" )$**+,,+$- $' +-./+!0 1##$+-%"2 %$
+-./+!" +-%$ %(" 2+,%/!31-)", 1% 1-41510 ,%12+/*
1-2 #51+-" 6"!%" $- 78 1-2 79 *1!)(: ;<<=

)* +,( -. "/0$'1 -223 +,( 40(5$6(*+ 78 +,( 9(/:;'$% &//7$*+(6
#( &5 <,&$0#&* 78 & <7##$55$7* 78 =*>:$0? +7 $*>:$0( @A

B&C $*+7 +,( 6$5+:0;&*%(5 +,&+ 7%%:00(6 ;(870(1 6:0$*D &*6 &8+(0
+,( 877+;&'' #&+%, ;(+E((* F&#&'(G 78 HD?/+ &*6 I:*0$5(
J'&%> K*$+(6 &+ "*L&'&? I+&6$:# 7* I:*6&? MN O&0%,1 -223P

B;C $*+7 +,( 0$7+5 &*6 6$5+:0;&*%(5 +,&+ +77G /'&%( $* 4'&$*( Q(0+(
7* MN &*6 MR O&0%,1 -223

B%C $* /&0+$%:'&01 $*+7 E,&+ (S+(*+ +,75( 0(5/7*5$;'( 870 +,( 5&$6
6$5+:0;&*%(5 &*6 0$7+5 &+ "*L&'&? I+&6$:# &*6 &+ 4'&$*( Q(0+(
E(0( 70D&*$5(6P &*6

B6C $*+7 +,( %&:5(5 &*6 %$0%:#5+&*%(5 78 +,( 6$5+:0;&*%(5 &*6
0$7+5P

&*6 +7 0(/70+ +,(0(7* &*6 +7 #&G( 0(%7##(*6&+$7*5 &5
&//07/0$&+(


38
)* +,( MN O&0%,1 -223 &+ +,( "*L&'&? I+&6$:#1 T(''( Q:(1 +,(
'7%&' 877+;&'' +(&# I:*0$5( J'&%> K*$+(61 %,&#/$7* +(&# 78
O&:0$+$:51 ,&6 +7 /'&? & 6(%$5$U( #&+%, &D&$*5+ F&#&'(G1 7*(
78 +,( ;(5+ 877+;&'' +(&#5 78 +,( "80$%&* %7*+$*(*+1 $* +,(
%7*+(S+ 78 +,( V<7:/( 6W"80$>:( 6(5 <':;5 <,&#/$7*5X

Y,( ,(&0$*D 78 +,( E$+*(55(5 5+&0+(6 7* +,( -N O&?1 -223Z --[
/(057*5 E(0( ,(&061 +,( '&5+ 7*( 7* -\ )%+7;(01 -2231 &+ +,(
M.
+,
5$++$*D 78 +,( <7##$55$7*

HS+0&%+ 807# /&0& MZM@ ]Y,(? E(0( 807# &'' +,( ;0&*%,(5 78 +,(
47'$%(1 *&#('? -3^ 788$%(05 &*6 #(* 807# +,( 0(D:'&0 870%(1 7*(
8:'' K*$+ &*6 +,0(( 5(%+$7*5 807# +,( IZIZKZ1 &;7:+ MR #(* 78 +,(
I/(%$&' O7;$'( J70%( BIZOZ JC &*6 & 67_(* 807# +,( `Z=ZKZ %>?
@ABCDEFCGE@D ?H?D IA@HEJ?J K@A I>@G@BACI>?AF CF L?MM CF
GL@ @KKEN?AF L>@F? A@M? LCF G@ KEMO @D HEJ?@ NCFF?GG?F
L>CG?H?A N@PMJ Q? @K EOI@AGCDN? G@ G>? #@MEN?R Y,(5( +E7
&0+$5+51 ,7E(U(01 0(+:0*(6 ;0(67:$''(5 &5 +,(? %7*5$6(0(6 +,&+
*7+,$*D E70+, 8$'#$*D ,&6 7%%:00(6 $* +,( 5/7+5 78 +,( I+&6$:#
E,(0( +,(? E(0( /75+(6W

]`70 $5 +,(0( (*7:D, (U$6(*%( +7 &''7E +,( <7##$55$7* +7
%7*%':6( +,&+ +,(0( E&5 &*? /0(A%7*%(0+(6 /'&* +7 87#(*+
6$5+:0;&*%(5 &*6 (*%7:0&D( /(7/'( +7 0$7+ $* 4'&$*( Q(0+( &0(&
7* +,( MN O&0%,Z Y,( (U$6(*%(1 7* +,( 7+,(0 ,&*61 5,7E5 +,&+
(S/(0$(*%( ,&5 +&:D,+ +,( 47'$%( +7 ;( &'E&?5 7* +,($0 D:&06 $*
+,( 0(D$7* E,(*(U(0 +,( I%7:+5 <':; $5 %&''(6 :/7* +7 /'&? &
877+;&'' #&+%, &*?E,(0( $* O&:0$+$:5Z J70 0(&57*5 &'':6(6 +7
(&0'$(01 +,&+ 877+;&'' +(&# ,&51 /&0+$%:'&0'? E$+,$* 4'&$*( Q(0+(1
& D07:/ 78 5://70+(05 70 8&*5 E,75( 0(&%+$7*5 &0( *7+ &'E&?5
/07#/+(6 ;? +,($0 (*+,:5$&5# 870 877+;&'' &*6 E,75(
V%,&:U$*$5#X &*6 ,77'$D&*A'$G( #&**(05 &0( 78+(* & 57:0%( 78
(#;&00&55#(*+ 870 +,( 5&$6 <':;Z W

S=R= ,GCGEFGENF IA@H? G>CG G>? KCDF @K G>? ,N@PGF )MPQ >CH?:
ED @D? LCT @A CD@G>?A: Q??D CG G>? F@PAN? @K O@FG @K G>?
JEFGPAQCDN?F N@DD?NG?J LEG> 'EAFG 2EHEFE@D K@@GQCMM
OCGN>?FR %>? *R'R1 >CF: @D DPO?A@PF @NNCFE@DF: ?H?D Q??D
N@OI?MM?J G@ GCU? CBCEDFG G>? ,N@PGF )MPQ FCDNGE@DF L>EN>
>CH? I?DCMEF?J EG K@A G>? QCJ N@DJPNG @K EGF F@VNCMM?J
FPII@AG?AFR %>?A? EF ?H?D ?HEJ?DN? G>CG F@O? GEO? CB@
L>?D G>? *R'R1 O?G CG G>? F?CG @K G>? 1FF@NECGE@D: CG
)>CDN?AT (@PF? ED #@AG 5@PEF: G@ N@DFEJ?A JEFNEIMEDCAT
CNGE@D CBCEDFG C IMCT?A @K G>? ,N@PGF )MPQ: C FOCMM NA@LJ @K
I?AF@DF Q?ME?H?J G@ Q? FPII@AG?AF @K G>? FCEJ NMPQ
CFF?OQM?J ED G>? HENEDEGT @K )>CDN?AT (@PF? ED L>CG LCF
I?AN?EH?J CF CD CGG?OIG CG EDGEOEJCGE@DRW

]3ZX +G LCF G>?A?K@A? D@G JEKKENPMG K@A C K?L ?YNEG?J CDJ
I@FFEQMT @ABCDEF?J >@@MEBCDF N@OEDB QCNU KA@O 1DZCMCT
,GCJEPO G@ FPNN??J: ED C K?L OEDPG?F: G@ CA@PF? G>?
ICFFE@DF @K ICAG @K G>? ED>CQEGCDGF @K G>? CA?C ;? 5/0(&6$*D
+,( 8&'5( *(E5 +,&+ +,( 47'$%( ,&6 *7+ 7*'? #$5,&*6'(6 O75'(#
39
5/(%+&+705 ;:+ +,&+ +,(? ,&6 G$''(6 +E7 ?7:*D #(*1 7*( 78
E,7# E&5 (U(* 5&$6 +7 ;( +,( 57* 78 +,( &//&0(*+'? /7/:'&0
#:8+$ 78 & *(&0;? O75>:(a


=* '(55 +,&* *7 +$#( +,( 0:#7:0 D&+,(0(6 #7#(*+:# &*6
,:*60(65 78 6(+(0#$*(6 O75'(#5 E(0( 577* $* 807*+ 78 +,( +E7
47'$%( I+&+$7*5 +7 5,7:+ +,($0 &*D(0 &*6 %0? 870 0(U(*D( 870
+,75( G$''(6ZW

].Z[ O0 9&#;7%%:5 E&5 *7+ +,( 7*'? /(057* +7 (S/0(55 +,( U$(E
+,&+ :*'(55 +,( ":+,70$+$(5 577* 6(%$6( +7 67 57#(+,$*D +7
$*%$+(1 ;? /(05:&5$U( #(&*51 +,( %0(&+$7* 78 0(D$7*&' 70 7+,(0
+(&#5 E,$%, E7:'6 &++0&%+ 'W('$+( 6W7: >:W(''( U$(**( &*6 60$U(
7:0 /0(5(*+ <':;5 %&00?$*D E$+, +,(# +,($0 V%7##:*&'X /&5+ +7
6$5&//(&0 807# 7:0 5%(*(1 G>? [N@OOPDCM >@@MEBCDEFO\
CMA?CJT IA?F?DG ED @PA ,GCJEC OCT Q?N@O? ?H?D FGA@DB?A
G@ ?YIM@J? @D? @K G>?F? JCTF: LEG> G>? I@FFEQEMEGT @K F?AE@PF
N@DF?]P?DN?F K@A G>? L>@M? N@PDGATZW

0"%).& ),$.*)", $/*&# *+& 2$*.+

24. Bespite Plaine veite Police Station, the NI0 anu the Infoimation Room
being awaie of the fact that theie was an angiy ciowu maiching iiotously
towaius the offices of the Nauiitius Football Association (NFA), no SS0
noi SNF 0nits weie sent to Chanceiy Bouse, wheie the offices of the NFA
aie situateu.

C" ,"*&T It woulu have taken unuei thiee minutes foi the SNF oi the
SS0 get to Chanceiy Bouse fiom the Line Baiiacks.

C+& -+",& .$%%;

2S. 0n the 2S
iu
Nay 1999, piioi to the match, the fiie seivices of Poit Louis
ieceiveu not less than 18 phone calls which weie pioveu to be false aleits.
Nonetheless, the fiie seivices hau to ieact anu senu theii limiteu
iesouices to attenu.

26. Aftei the match, even moie calls weie maue to the hotlines of the
uoveinment Fiie Seivices so much so that the seivice which was
equippeu with no less than six hot lines (No. 99S) was inunuateu as a
iesult.

40
27. 0ui enquiiy has ievealeu that most of these calls weie maue to act as a
uiveision mechanism.

28. An enquiiy conceining the answeiing system of the uiffeient phone calls
was not uone. Same woulu have ievealeu:
a. The piovenance of the calls
b. The natuie of the calls
c. The uiffeient calls between the Infoimation Room anu the Contiol
Room of the Fiie Seivices.

29. A uisconceiting element which has emeigeu as a iesult of the enquiiy is
the fact that the fiie seivices weie askeu to stay within theii baiiacks
since theie weie appiehensions that theie coulu be an impenuing attack
on key uoveinment builuings.

Su. If theie was such an appiehension why weie the SNF not infoimeu of
same immeuiately. Alteinatively, hau the SNF been infoimeu but no
iesponse ensueu.

S1. The enu iesult was that the Fiie Seivices uiu not iesponu as piomptly as
it shoulu have.

C+& UG,E&;*):$*)",O

S2. vaiious aspects of the investigation shall be lookeu at unuei two bioauei
sub categoiies:

a. The initial enquiiy at the scene of ciime leauing into an aison
investigation.
b. The subsequent pait of the enquiiy which will look at the
uevelopment of the enquiiy anu the aiiests maue.
C+& 4#;", G,E&;*):$*)",

SS. G* ,&&6; *" L& -"),*&6 "5* /#"2 *+& "5*;&* *+$* ," ;.)&,*)/). &E)6&,.&
(+$*;"&E&# %),S; $,K "/ *+& /"5# .",E).*; *" *+& $#;", $* 1OENCM?R

41
S4. The uecisions maue anu the actions taken at the outset of an investigation
at a ciime scene play a pivotal iole in the iesolution of a case; anu the
impoitance of caieful, methouological anu meticulous appioach of the
investigatois to the ciime scene is all the moie impoitant consiueiing that
this is usually the unique oppoitunity to pieseive anu iecovei physical
clues..

SS. While all ciime scenes aie unique, expeits woiluwiue seem to agiee that
theie aie funuamental piinciples of investigating a ciime scene anu
pieseiving eviuence that shoulu be piacticeu in eveiy case.

S6. When it comes to an aison investigation, the task gets even moie aiuuous
foi the investigatoi who will often take a veiy subjective appioach to
unueistanuing the fiie.

S7. Let alone the fact that the investigatois involveu in the "#$%&'( case hau
no tiaining whatsoevei when it came to an aison investigation of that
magnituue, even theoiies conceining fiie investigations which weie then
consiueieu as acceptable woiluwiue have since been founu to be
unieliable anu unfounueu.

S8. Leauing 0S fiie expeit }ohn Lentini who wiote a papei on the mythology
of aison investigation saiu the following as iegaius to misconceptions in
fiie investigations:
]J$0( $*U(5+$D&+$7* $*U7'U(5 +,( %7#/&0$57* 78 +,( $*U(5+$D&+70W5
V(S/(%+&+$7*5X E$+, ,$5 /(0%(/+$7* 78 +,( ;(,&U$70 78 +,( 8$0(Z =8
+,75( (S/(%+&+$7*5 &0( *7+ /07/(0'? V%&'$;0&+(61X +,( 0(5:'+ E$''
;( *:#(07:5 (00705Z =* +,( -.
+,
%(*+:0?1 E,(* +,( 5%$(*+$8$%
%7##:*$+? E&5 8$05+ D(++$*D 70D&*$_(61 $+ E&5 :*6(05+&*6&;'(
+,&+ #$5%7*%(/+$7*5 &;7:+ 8$0(1 5:%, &5 +,( /,'7D$5+7* &*6
%&'70$% +,(70$(51 5,7:'6 (S$5+Z b,&+ $5 5:0/0$5$*D $5 +,&+ &8+(0
+,0(( %(*+:0$(5 78 5%$(*+$8$% (S&#$*&+$7* 78 8$0(1 #?+,5 ,&U(
;((* &66(6 0&+,(0 +,&* 6$5/(''(6Z ]
-


1
The Mythology of Arson Investigation by John J. Lentini, CFEI, F-ABC Scientific
Fire Analysis, LLC

42

S9. Be that as it may, *+& %&E&% "/ $2$*&5#);2 ()*+ (+).+ *+& &,V5)#K ($;
.",65.*&6 ); ;+".S),:3 G* ($; 2";* 6);#&;-&.*/5% *"($#6; *+& ;&E&,
-&"-%& (+" +$6 %";* *+&)# %)E&; $,6 *+& /"5# "*+&#; (&#& $L"5* *"
+$E& *+&)# %)E&; ;+$**&#&63

4u. 0ui enquiiy has ievealeu that the miscaiiiage of justice in the "#$%&'(
case can laigely be attiibuteu to the acts, uoings anu omissions of the
investigatois.

41. The scene of ciime itself was only secuieu houis aftei the fiist police
officeis aiiiveu on the spot. Nembeis of the public weie fiee to ioam the
scene of ciime thus uiamatically incieasing the iisk that ciucial pieces of
eviuence be tampeieu with oi at least contaminateu.

C" ,"*&T The police case theoiy anu the eviuence auuuceu by the
piosecution was, intei alia, that:

i. Nolotov cocktails weie huileu at the "#$%&'( builuing both
fiom Royal Stieet anu Emmanuel Anquetil Stieet.
ii. Thiee cais weie set on fiie. 0ne of them, which was paikeu
along Royal Stieet iight in fiont of the entiance of the
"#$%&'( builuing causeu the "#$%&'( signboaius to catch
fiie.
iii. The "#$%&'( builuing itself caught fiie as a iesult of the two
afoiementioneu causes.
iv. Piojectiles incluuing petiol bombs which weie huileu at the
entiance founu on Emmanuel Anquetil Stieet bounceu off
the 'accoiueon' uooi, which was causeu to be shut, onto the
stieet.
v. An iion iou which was allegeuly useu to lift anu tuin ovei a
cai which was then set alight was left on the scene of ciime




43
42. The amount of vital pieces of eviuence left behinu at the scene of ciime
was theiefoie consiueiable. Yet, befoie any photogiaphs weie taken of
the scene of ciime oi any uocumentation maue in ielation to the position
of eveiy piece of eviuence which litteieu the stieets on the coinei of Royal
Stieet anu Emanuel Anquetil Stieet, a pay loauei fiom the SNF was
biought on spot to cleai the ioau of all these ciucial pieces of eviuence.





44

J"*&T At the time when the scene of ciime was cleaieu of
uebiis anu key pieces of eviuence, the police hau no clue as to
the authois of the aison. C+); L&:; *+& V5&;*)",W (+K ($;
*+& ;.&,& "/ .#)2& .%&$#&6 5- ;" V5).S%KX GNJYZ4JF[
4JH 4!4C[?ZG>!X

4S. No subsequent analysis was caiiieu out in iespect of any of these physical
pieces of eviuence such as: bioken bottles (as theie shoulu have been if
the piosecution veision is to be given any cieuence), buint motoicycles,
the iion iou anu othei piojectiles allegeuly huileu at the builuing.

44. Not even an inventoiy of the items founu on the stieets aiounu the
builuing was caiiieu out.

4S. The initial inspection of the builuing, exeicise which is of ciucial
impoitance, was caiiieu out by Bi. B B Suinam, Police Neuical 0fficei, in
the piesence of Ni. Rene anu CI Fullee.

46. Fiom the finuings of that inspection
2
, which is just ovei a page long, it can
be gatheieu that the inspection was most supeificial anu that no exhibits
weie collecteu at that time anu no photogiaphs weie taken apait fiom the
photogiaphs of the bouies of the victims.

47. The following table puts into peispective on the one hanu the stanuaius
anu pioceuuies that ought to be followeu in the noimal couise of an
enquiiy
S
; anu on the othei hanu what was actually uone in the Amicale
case.







2
Annexe 1
3
Crime Scene Investigation: A guide for law enforcement. U.S. Department of Justice
45

CQ[ 0ZGJFG0R[


\Q4C \4> 4FC?4RR] HYJ[

Caieful, thoiough investigation to
ensuie that potential physical eviuence
is not tainteu oi uestioyeu oi potential
witnesses oveilookeu.


It will be uemonstiateu in this Pait of
the iepoit that theie was no thoiough
investigation, how eviuence hau not
been collecteu anu how witnesses weie
ignoieu.


Physical eviuence has the potential to
play a ciitical iole in the oveiall
investigation anu iesolution of a
suspecteu ciiminal act anu the
iealisation of this potential uepenus on
actions taken eaily on in the ciiminal
investigation at the ciime scene.


No actions weie uone to pieseive any
kinu of physical eviuence at the scene.
0n the contiaiy, the scene of ciime
(Coinei Royal Emmanuel Anquetil
Stieet) weie cleaieu of potentially
ciucial pieces of eviuence only houis
aftei the attack, while it was known to
the police that some people who weie
insiue the builuing hau lost theii lives.


An impoitant factoi influencing the
ultimate legal significance of scientific
eviuence is that investigatois follow an
objective, thoiough anu thoughtful
appioach.


The police case theoiy in the Amicale
aison was most simplistic anu nave.
Nany factois such as immense public
anu political piessuie combineu with a
ceitain uegiee of noble cause
coiiuption leu to a seiious case of
tunnel vision by the investigating team.


Neeu to iecognise anu pieseive
physical eviuence that will yielu
ieliable infoimation to aiu in the
investigation.

Ciucial pieces of eviuence that uiu not
match the police case theoiy weie cast
asiue anu not given any consiueiation.
(Eg. Safe, The ieu wiie, Bebiis insiue
46
Amicale, CCTv footage insiue anu
outsiue Amicale, the uebiis on the
stieet outsiue the casino etc.)


Since investigations may change couise
a numbei of times uuiing an enquiiy, it
is impoitant that investigatois
consiuei all the eviuence incluuing
statements fiom witnesses oi suspects
caiefully in theii objective assessment
of the scene since pait of the eviuence,
initially thought iiielevant, may
become ciucial to a successful
iesolution of the case.


Theie was no objective assessment of
eviuence in the Amicale case.
Statements hau not been iecoiueu
fiom some witnesses who weie on the
locus oi who weie woiking insiue
Amicale.

0ne of the most impoitant aspects of
secuiing the ciime scene is to pieseive
the scene with minimal contamination
anu uistuibance of physical eviuence.


This piinciple of the investigation has
been blatantly oveilookeu. Nembeis of
the public weie alloweu on the ciime
scene aftei the police aiiiveu on the
locus anu the payloauei of the SNF was
useu to cleai the stieets of physical
eviuence.


The initial iesponse to an inciuent
ought to be expeuitious anu methouical
anu the piinciple is that the initial
iesponuing officei(s) ought to
piomptly, yet cautiously, appioach anu
entei ciime scenes, iemaining
obseivant of any peisons, vehicles,
events anu potential eviuence.


Theie was no piompt inteivention
fiom eithei of the emeigency
authoiities. No systematic obseivation
was caiiieu out by the initial
iesponuing officeis.
47

The initial iesponuing officeis ought to
be awaie of any peisons oi vehicles
leaving the ciime scene anu whilst
appioaching the ciime scene
cautiously shoulu scan the entiie aiea
to thoioughly assess the scene. The
initial iesponsing officeis ought to also
be awaie of any peisons oi vicinity
that can be ielateu to the ciime.


The piesent enquiiy has ievealeu that
no iecoiu was maue of peisons anu
oi vehicles leaving the ciime scene.
The immeuiate vicinity of the game
house was not subjecteu to any seaich
anu iesiuents living in the suiiounuing
stieets weie not questioneu. This
woulu have unuoubteuly helpeu the
authoiities.

It is yet anothei funuamental piinciple
of ciime scene investigation that the
investigatois shoulu iemain aleit anu
attentive anu assume that the ciime is
still ongoing until ueteimineu to be
otheiwise.


In the piesent case, as it will be
illustiateu in the chaptei entitleu 'The
ieu wiie', theie is a stiong likelihoou
that the police unknowingly helpeu
suspects to escape fiom the scene of
ciime oi which was useu by the
getaway gang.

The contiolling, iuentifying anu
iemoving of peisons who entei the
ciime scene anu the movement of such
peisons is an impoitant function of the
initial iesponuing officei(s) in
piotecting the ciime scene.

The ciime scene was not only the
Amicale builuing itself but also the
stieet along coinei Emmanuel Anquetil
anu Royal Stieet. Theie was no contiol
whatsoevei of the ciime scene since
membeis of the public weie alloweu on
the scene. Ciucial pieces of eviuence
such as the 'Iion Rou' appeais to have
been tampeieu with.


It is the uuty of the initial iesponuing
officeis to iuentify all inuiviuuals at the
scene such as:


Theie has not even been an attempt to
tiy anu iuentify suspects oi witnesses
at the scene of ciime. This enquiiy has
ievealeu that witnesses voluntaiily
48
Suspects: Secuie anu sepaiate
Witnesses: Secuie anu sepaiate

came foiwaiu but the police uiu not
even take uown basic infoimation such
as a contact auuiess oi numbei.


Fuithei, the initial iesponuing
officei(s) have a uuty to uefine anu
contiol bounuaiies pioviuing a means
foi piotecting anu secuiing the ciime
scene until the hanuovei is maue to the
investigatois.


It was not until aiounu miunight, at
least five houis aftei the ciime hau
been committeu, that contiol
bounuaiies weie set up. Befoie that
time the ciime scene iemaineu
exposeu. It was not only contaminateu
as a iesult but also pieces of eviuence
hau been tampeieu with.


The initial iesponuing officei(s) at the
ciime scene must piouuce cleai,
concise, uocumenteu infoimation
encompassing his oi hei obseivation
anu actions. This uocumentation is
vital in pioviuing infoimation to
substantiate investigative
consiueiations.


The statements put in by the initial
iesponuing officeis aie biief, vague
anu incomplete. As a iesult of this, the
investigatois weie uepiiveu of vital
infoimation. Some statements weie
put in weeks aftei.

It is of paiamount impoitance that the
investigatoi in chaige establishes a
path of entiy exit to the scene to be
utiliseu by authoiiseu peisonnel anu to
evaluate the initial scene bounuaiies.

Theie is no eviuence that such an
exeicise was caiiieu out, iesulting in
fuithei contamination of the scene of
ciime.

Fuithei, a secuie aiea foi tempoiaiy
stoiage of eviuence shoulu be
establisheu in accoiuance with iules of
eviuence anu chain of custouy.

0nly a minimal amount of eviuence
was collecteu on the scene of ciime on
the night of the 2S
iu
Nay 1999.
49

Witnesses to the inciuent neeu to be
iuentifieu by means of a valiu IB anu
sepaiateu. The suiiounuing aiea
shoulu be canvasseu anu the iesults
uocumenteu.

Key witnesses weie alloweu to leave
the aiea without being askeu to
pioviue any means of IB oi contact
uetails. Woise some weie even alloweu
to entei into the Amicale builuing
without any pioof of iuentity.

The scene assessment is a ciucial stage
of the enquiiy since it allows foi the
uevelopment of a plan foi the
cooiuinateu iuentification, collection
anu pieseivation of physical eviuence
anu iuentification of witnesses. It also
allows foi the exchange of infoimation
among law enfoicement peisonnel anu
the uevelopment of investigative
stiategies.

No such scene assessment was caiiieu
out. It was left to the officei of the FSL
to pick anu choose which pieces of
eviuence he thought fit of biinging
back to the laboiatoiy foi scientific
examination.

At this stage, wiitten anu photogiaphic
uocumentation pioviues a peimanent
iecoiu.










Apait fiom the pictuies of the coipses,
no uocumentation of any foim was
maue at this stage of the enquiiy.
Pictuies of the locus especially in fiont
of the entiances of Amicale situateu on
Royal Stieet anu on Emmanuel
Anquetil Stieet woulu have pioviueu
an invaluable insight into the kinu of
piojectiles which hau been thiown at
the builuing.

An assessment of the scene ueteimines
what kinu of uocumentation is neeueu.
(e.g. photogiaphy, viueo, sketches,
measuiements, notes)


The scene of ciime itself was not
photogiapheu on the 2S
iu
Nay 1999.
Even when uone afteiwaius,
photogiaphs hau been taken spaiingly
anu in black anu white! (In aison cases,
50
The whole scene shoulu be
photogiapheu using oveiall, meuium
anu close-up coveiage. victims,
suspects, witnesses, ciowu anu vehicle
shoulu also be photogiapheu.

The photogiaphing shoulu also incluue
auuitional peispective such as aeiial
photogiaphs, witness' view anu the
aiea unuei bouy once bouy is iemoveu.

viueotape shoulu be useu as a
supplement to photos.

coloui photogiaphs aie veiy helpful)
Photogiaphs of key aieas of the
builuing (staiis, office, hole in the wall
etc.) hau not been taken. Photogiaphs
of key pieces of eviuence hau not been
taken: safe, shutteis on Royal Stieet.

Photogiaphs hau not been taken of
witnesses' view.

viueotaping which iequiieu the most
basic equipment but which woulu have
pioviueu a peimanent iecoiu of the
immeuiate afteimath of the aison was
not caiiieu out.

As iegaius collection of eviuence, the
piinciple is that the collection of
eviuence shoulu be piioiitiseu to
pievent loss, uestiuction oi
contamination of eviuence.


Eviuence that coulu be collecteu on the
night of the tiageuy incluue: Bebiis in
fiont of the entiances of Amicale,
Bebiis (if any) on the balcony of
Amicale, the safe, the ieu wiie, all
bioken pieces of bottle. In fact not only
hau these not been collecteu on the
night itself, but these vital pieces of
eviuence hau nevei been collecteu.

The investigating team shoulu conuuct
a caieful anu methouological
evaluation consiueiing all physical
eviuence possibilities (e.g. biological
fluius, latent piints, tiace eviuence).

These weie not even lookeu foi. Not on
the night of the 2S
iu
Nay 1999, not
even afteiwaius.

A piogiession of piocessing
collection methous shoulu be caiiieu
out so that initial techniques uo not

The membeis of the investigation
team, thiough no fault of theii own,
weie not awaie of even these simple
51
compiomise subsequent piocessing
collection methous.

anu logical methous.

As soon as possible, uocument the
bouy anu the suiiounuing aiea in both
uetail anu wiue aiea context
photogiaphs.
In coloui, photogiaph:
- The bouy befoie it is uistuibeu,
incluuing all exposeu bouy
suifaces. Take uetail shots of
any patteins, blast effects anu
injuiies.
- the iemoval of the bouy (aftei
tiacing the outline of the bouy
on the flooi in chalk, tape, oi
stiing) anu any changes in the
bouy uuiing that piocess. This
piocess ought to be viueotapeu
- The location wheie the bouy
was founu aftei the bouy has
been iemoveu.
- Aftei the bouy has been
iemoveu to a sepaiate location
foi examination, photogiaphs
ought to be taken of any buins,
injuiies, anu patteins. Close-ups
ought to be taken with a scale
inuicatoi (i.e., iulei) in the
photogiaph.
- Clothing, sepaiately fiom the
bouy, fiont anu back, insiue anu

0nly one, black anu white, photogiaph
hau been taken of each bouy. The
photogiaph was an oveiall view of the
bouy anu no uetaileu shots weie taken
of the injuiies.


The photogiaph is of such pooi quality
that it is almost impossible to even
uiscein the bouy.

The actual location wheie the bouies
weie founu hau not even been maikeu
at all.

No photogiaphs hau been taken of the
location wheie the bouy was founu.

No photogiaphs weie taken of the
clothing of the ueceaseu. This woulu
have immensely helpeu in teims of
analysing buin patteins etc.
52
outsiue.

The scene may contain many othei
impoitant items anu conuitions
besiues the bouy. Physical eviuence
such as buin patteins, tiace eviuence,
oi seiological eviuence may be piesent
on clothing, fuinituie, walls, ceilings,
floois anu othei items. These items
may also pioviue clues to the actions of
victims anu otheis befoie, uuiing, anu
aftei the fiie. The investigatoi shoulu
examine all these items, incluuing theii
conuition, oiientation, anu function
anu auu the obseivations to hishei
timeline of the inciuent anu analysis of
what happeneu.


The appioach to the investigation was
most simplistic. Scientific involvement
was minimal anu the investigation was
caiiieu out baseu on the hunches of the
investigatois iathei than sounu
investigation techniques.

Conuuct a thoiough inspection of the
stiuctuie to ueteimine if theie weie
violations, illegal uses, piioi violations,
ciiminal activities, oi othei
ciicumstances that may infoim the
investigation.


No such inspection hau been caiiieu
out. 0ui enquiiy has ievealeu that the
Amicale builuing was unuei CCTv
monitoiing both fiom the insiue anu
fiom the outsiue. Bowevei this hau
nevei been biought to light by the
police enquiiy. Bas this fact escapeu
theii attention oi was it uelibeiately
hiuuen. Eithei way, it shows that theie
was no thoiough investigation.


48. It may well be that none of the above weie of a uelibeiate natuie but the
unfoitunate consequence was that innocent lives have been uestioyeu by
well-meaning but naive investigatois.

53
49. What comes next howevei, auus insult to injuiy. It conceins the fiie
iepoit, the backbone of any aison investigation, which was uiawn up
following the inspection of the locus by Ni. Beehaiiy, Scientific 0fficei
posteu at Foiensic Science Laboiatoiy (FSL).

Su. A typical iepoit
4
shoulu usually auuiess, unuei uiffeient heauings, the
following:

)^3 C+& .)#.52;*$,.&; %&$6),: *" *+& /)#& ;)*5$*)",
This will incluue a summaiy of how the fiie biigaue weie
aleiteu to the fiie anu eye witness accounts

^3 C+& /)#& )*;&%/
This will incluue the uetails of the extent of the fiie anu
what was buining when the fiie fighteis aiiiveu, theii
actions in putting out the fiie, incluuing anything they
moveu, uestioyeu, openeu closeu uuiing the piocess anu
ielevant extiacts fiom statements maue by inuiviuual
fiiefighteis.



^)3 H&*$)%; "/ *+& -#&2);&;
This will usually incluue the plans, the type of piopeity, its
uimensions, the numbei of floois, the mateiials of
constiuction anu typical contents.

^))3 C+& /)#& ),E&;*):$*)",
0utlining the membeiship anu cooiuination of the fiie
investigation team.

^)))3 C+& ;5#E&K "/ *+& &^*&#)"# "/ *+& -#"-&#*K
0utlining the piocess which is always caiiieu out of
suiveying the outsiue of the piopeity involveu to establish
if theie weie any inuications of unusual ciicumstances.

4
Annexe 2
54

^)E3 >5#E&K "/ *+& ),*&#)"# "/ *+& -#"-&#*K
This will uetail the piocess of enteiing the piopeity anu
systematically examining each ioom to assess the uamage
anu the possible cause, establishing aieas of most uamage
anu examining such aieas in uetail anu taking samples as
iequiieu.

^E3 Y#):), "/ /)#&
This will outline the conclusions ieacheu as a iesult of the
suiveys, allowing the obseivations to be assesseu to give an
agieeu inuication of wheie the fiie staiteu anu how it
spieau.

^E)3 [^$2),$*)", $,6 &^.$E$*)", "/ /)#& ;.&,&
0utlining the uetaileu seaich unueitaken in the aiea
iuentifieu as the most piobable point of oiigin anu
investigations as iegaius to the ignition souices,
acceleiants anu buin patteins.



^E))3 M)#& %"$6),: ), $#&$ "/ "#):),
Explaining how the fiie woulu be expecteu to uevelop if the
mateiials typically piesent in the aiea hau been involveu in
the fiie: If the fiie uamage was moie than woulu be
typically expecteu it woulu be inuicative of the intiouuction
of flammable mateiial acceleiant etc.

^E)))3 0";;)L%& .$5;&; "/ ):,)*)",
Baving iegaius to the piobable aiea of oiigin seat of fiie.

^)^3 M)#& 6&E&%"-2&,* $,6 ;-#&$6
Analysing whethei the uamage causeu thioughout the
piopeity is consistent with the suspecteu aiea of oiigin.

55
^^3 F$5;& "/ /)#&
A statement of the most cieuible explanation of the fiie anu
conclusions

S1. The fiie iepoit in the "#$%&'( case uoes not make any mention
whatsoevei of: The ciicumstances leauing to the fiie situation, the fiie
itself, the investigation, the suivey of the exteiioi of the piopeity, the
oiigin of the fiie, the examination anu excavation of the fiie scene, the fiie
loauing in the aiea of oiigin, the fiie uevelopment anu spieau anu the
cause of fiie. The suivey of the inteiioi of the piopeity was only biiefly
uealt with no plans annexeu oi uimensions given.

S2. 0pon iequest to pioviue us with a iepoit of an aison case wheie seveial
people have uieu as a iesult, Beiicon, a fiim of English expeits in foiensic
science has communicateu to us with an outline of an investigation into a
case of house fiie aison.

SS. Theiein, it was stateu that the fiie iepoit in a case wheie six people hau
uieu as a iesult was fifty foui pages long incluuing plans anu photogiaphs.

S4. In the Amicale case, the fiie iepoit uiawn up by Ni. Beehaiiy was
containeu on two singles pages of A4 papei.
S
It was most simplistic anu
containeu no plans anu no photogiaphs.

SS. Befoie coming to the contents of the fiie iepoit itself, it is inteiesting to
note that in Englanu, the iepoit is uiawn up by the fiie seivice
investigatoi suppoiteu by the foiensic scientists. The investigation is leu
by the fiie seivice investigatoi but is multi-agency involving the fiie
biigaue investigatoi, the fiie biigaue inciuent commanuei (i.e in chaige of
the fiie fighting opeiation), the police, the scene of ciime officeis anu two
inuepenuent foiensic scientists.

S6. 0ne woulu expect that in Nauiitius as well, officeis fiom the fiie fighting
seivice aie calleu to paiticipate in the uiawing up of the iepoit since, aftei
all, they fought the fiie. Bowevei, shockingly, in the "#$%&'( case, not a

5
Annexe 3
56
single officei fiom the fiie fighting seivice was involveu in the wiiting of
the iepoit.

S7. Insteau, in the "#$%&'( case, the iepoit
6
was a one-man job. Theie is no
inuication as to who collecteu the few exhibits oi unuei whose
instiuctions they weie collecteu oi even why they weie collecteu. In
Couit, Ni. Beehaiiy stateu that he meiely smelleu some iubble in the
builuing anu ueciueu not to senu them foi fuithei examination since he
uiu not uetect the smell of petiol!!

S8. In the iepoit, Ni. Beehaiiy gave his own veiy subjective anu limiteu
explanation about the fiie. Theie is no inuication as to the ielevant
expeiience oi qualifications of the saiu B Beehaiiy mentioneu in the
iepoit.

S9. This is wheie it ieally staiteu to go wiong foi the foui convicts: A piopei
investigation at that stage anu an elaboiate iepoit uiawn up by
competent anu expeiimenteu team woulu have subsequently
uemonstiateu that the piosecution case theoiy as piesenteu at the
Assizes coulu not stanu.

6u. Insteau, theie hau been a casual investigation which was itself litteieu
with omissions by the investigatois anu which investigation leu to an
appallingly biief anu intellectually limiteu fiie iepoit.

61. The English expeits have also been commissioneu to pioviue us with a
ieview of the fiie science eviuence conceining the Amicale aison which
was piesenteu at the Assizes.

62. The ieview, in its entiiety, is annexeu to this iepoit anu maikeu Annexe
4.
7


6S. Numeious shoitcomings have been highlighteu by the expeits:



7
Annexe 4
57
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58
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59
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8:0+,(0 $* +,( 0(/70+Z

:Z `7 $*6$%&+$7* +,&+ &*? &%%('(0&*+ E&5 :5(6Z

UZ `7 $*6$%&+$7* $* +,( 8$0( 0(/70+ +,&+ +,( 6$5+0$;:+$7* 78
#&+(0$&'5 $*5$6( +,( ;:$'6$*D B5:%, &5 8&'5( %($'$*D51 /&*(''(6
E&''51 E776(* 8:0*$+:0( &*6 60&/(0$(5C E&5 (5+&;'$5,(6 70
+,($0 8$0( /07/(0+$(5 $*U(5+$D&+(6Z

EZ `7 $*6$%&+$7* &5 +7 ,7E +,( %7*%':5$7* +,&+ +,(0( E&5
#:'+$/'( 5(&+5 78 8$0( $5 0(&%,(6Z

64. It is also the view of the foiensic expeits that theie appeais to 'no
scientific eviuence to inuicate that an exteinal fiie souice, such as a
Nolotov cocktail, was thiown into the builuing fiom the stieet'.

6S. The ieview concluues by stating that U*+&#& $--&$#; *" L& ," ;.)&,*)/).
&E)6&,.& $665.&6 /#"2 *+& #&-"#*W *+& &^$2),$*)", "/ &E)6&,.& "#
*+& ;5L;&V5&,* ."5#* &^.+$,:&;W *" ),6).$*& .",.%5;)E&%K +"( *+&
/)#& $* RO42).$%& ;*$#*&6O3

60
66. It is to be noteu that the ieview also makes mention of the fact that the
fiie iepoit is 'veiy shoit both in length anu uetail', that it is of 'limiteu
value' anu that the lack of exhibits collecteu fiom the scene foi
subsequent laboiatoiy examination is suipiising

67. Some specific questions have also been put by us to the expeits as iegaius
to:

CR %>? MEU?ME>@@J @K KEDJEDB ?HEJ?DN? @K *@M@G@H N@NUGCEM ED
G>? APQQM? CG 5W1OENCM?R

=+ $5 5+&+(6 $* +,( 0(U$(E +,&+ (U$6(*%( 78 &*? ;7++'( D'&55 7*
+,( ;&'%7*? 8'770 E7:'6 ,&U( ;((* 6(+(%+(6 $8 +,( 6(;0$5 E&5
(S&#$*(6 $* 6(+&$'Z

QR %>? IA@QCGEH? HCMP? @K PFEDB @DMT C FO?MMEDB G?N>DE]P?
_CF LCF G>? NCF? ED 1OENCM?` G@ J?G?NG I?GA@M HCI@PAR

Y,( &*5E(0 E&5 +,&+ +,( :5( 78 +,( ,:#&* *75( &5 +,( 7*'?
6(+(%+$7* #(+,76 5,7:'6 *7+ ;( 0('$(6 :/7* &*6 788(05 7*'? &
%:0570? &*6 *7+ U(0? 5(*5$+$U( (S&#$*&+$7*Z

NR a>CG @PB>G G@ >CH? Q??D J@D? G@ KEDJ @PG L>CG G>?
QPEMJEDB M@@U?J MEU? Q?K@A? G>? KEA? CDJ G>? FEBDEKENCDN?
@K G>EF

=+ $5 5+&+(6 +,&+ &'' $*870#&+$7* %7*%(0*$*D +,( ;:$'6$*D /0$70
+7 +,( 8$0( E7:'6 ;( 0('(U&*+ +7E&065 :*6(05+&*6$*D +,(
6(U('7/#(*+ &*6 +,( 5/0(&6 78 +,( 8$0(Z


=+ $5 &'57 #(*+$7*(6 +,&+ +,( ;:$'6$*D 7E*(051 7%%:/$(05 &*6
#&$*+&$*(05 5,7:'6 ,&U( ;((* &//07&%,(6 +7 /07U$6( 6(+&$'5
78 +,( #&+(0$&'5 :5(61 %7*5+0:%+$7* +(%,*$>:(51 +,( /75$+$7* 78
67705 &*6 '$8+5 (+%Z &*6 +,( 6$5+0$;:+$7* 78 8:0*$+:0( E$+,$*
+,( U&0$7:5 077#5Z J:0+,(01 8:0*$+:0( &*6 8&;0$%
61
#&*:8&%+:0(05 5,7:'6 ,&U( ;((* &//07&%,(6 +7 7;+&$*
6(+&$'5 78 +,($0 /076:%+5W 8$0( /(0870#&*%(Z I$#$'&0'?1 8$0(
8$D,+(05 5,7:'6 ,&U( ;((* &5G(6 $8 +,(? *7+(6 &*? 5/(%$8$%
/&++(0* 78 ;:0*$*D E,$'5+ +,(? &++(*6(6 +,( 8$0(Z =+ $5
#(*+$7*(6 +,&+ &'' 78 +,$5 E7:'6 ,('/ +7 $*870# +,(
$*U(5+$D&+70 E,(* ,( E&5 +0?$*D +7 0(%7*5+0:%+ B$* +,(70? 70
/0&%+$%&''?C +,( 6(U('7/#(*+ 78 +,( 8$0( &*6 E7:'6 &'57 ,&U(
,('/(6 6(+(0#$*( +,( 5(&+ 78 +,( 8$0(Z

JR %>? OCDD?A ED L>EN> G>? A?I@AG EF EDN@OIM?G?

- `7 6(+&$'5 78 >:&'$8$%&+$7*1 (S/(0$(*%( &*6 &%%0(6$+&+$7* 78
+,( &:+,70 78 +,( 0(/70+Z
- `7 6(+&$'5 &5 +7 +,( $*870#&+$7* E,$%, ,( ,&5 0('$(6 :/7* $*
#&G$*D +,( 0(/70+Z
- `7 6(+&$'$*D 78 +,( 5:;5+&*%( 78 +,( 8&%+5 D$U(* +7 +,( &:+,70
E,$%, &0( #&+(0$&' +7 +,( 7/$*$7*5 (S/0(55(6Z
- `7 #(*+$7* 78 E,7 %&00$(6 7:+ &*? (S&#$*&+$7*1
#(&5:0(#(*+1 +(5+ 70 (S/(0$#(*+ 7* ;(,&'8 78 +,( &:+,701 '(+
&'7*( +,($0 >:&'$8$%&+$7*5 &*6 (S/(0$(*%(Z
- `7 5+&+(#(*+ 7* ;(,&'8 78 +,( &:+,70 +7 +,( (88(%+ +,&+ ,(
:*6(05+&*65 ,$5 6:+? +7 +,( %7:0+ &*6 +7 6(%'&0( +,&+ +,(
0(/70+ $5 +0:( &*6 &%%:0&+( +7 +,( ;(5+ 78 ,$5 G*7E'(6D(Z
- Y,( 8&%+ +,&+ +,( 0(/70+ $5 ;0$(8 E$+, '$#$+(6 6(+&$' &;7:+ +,(
;:$'6$*D1 +,( 6&#&D( 67*( ;? +,( 8$0( &*6 +,( 5:;5(>:(*+
$*U(5+$D&+$7*Z
- Y77 '$++'( $*870#&+$7* +7 (S/'&$* 70 L:5+$8? +,( %7*%':5$7*5
60&E* 807# $+Z
- `7 6(+&$'5 &5 +7 ,7E +,( %7*%':5$7* +,&+ +,(0( E&5 &* $*+(*5(
8$0( E&5 0(&%,(6Z
- `7 $*6$%&+$7* &5 +7 +,( 5:5/(%+(6 #76( 78 8$0( 5/0(&6 B8'&#(
5/0(&61 0&6$&+$7*1 %7#/7*(*+ 8&$':0(C
- `7 #(*+$7* $5 #&6( 78 +,( 8$0( /07/(0+$(5 78 +,( 8:0*$5,$*D5
70 60&/(0$(5 E,$%, %7:'6 &%%7:*+ 870 0&/$6 8$0( 5/0(&6Z


62

Q"( *+& &,V5)#K 5,/"%6&6X


68. If the examination of the scene of ciime anu the scientific pait of the
investigation hau been catastiophic, the way in which the enquiiy
unfolueu was just as bau.

69. Whethei it was as a iesult of the huge public anu political piessuie, the
lack of auequate tiaining anu equipment, bau faith on behalf of ceitain
police officeis, just plain incompetence oi the combineu effect of all these
elements, tiagic consequences ensueu.

7u. Aiiests hau to be maue anu hau to be maue quickly anu the police foice in
geneial hau to be seen as being pioactive even if it meant aiiesting
inuiviuuals anu builuing up a case aiounu them.

71. The fiists aiiests weie uays aftei the 2S
iu
Nay 1999. Initially 9 peisons
weie chaigeu with the offence of aison on the builuing of Amicale, they
weie all subsequently ieleaseu. Theie has been no explanation why these
people weie aiiesteu in the fiist place anu why they hau been ieleaseu.

72. Nany moie aiiests weie maue.
8
Some of these people aiiesteu maue
allegations anu gave names to the police. This in tuin leu to theii ielease
anu aiiests of othei peisons.

7S. Initially, it emeigeu that a uistinction hau to be maue between
hooliganism of the Scouts Club suppoiteis anu the act of teiioiism caiiieu
out at L'Amicale ue Poit Louis.

74. Nonetheless neaily all peisons aiiesteu in connection with the Amicale
aison weie fans of Scouts Club.

7S. Some of these peisons who weie calleu by the police maue the fiist
allegations against the foui convicts.


8
Annexe 5
63
_`3 G, /$.*W $* *+$* ;*$:&W $%% *+&#& ($; $:$),;* *+& /"5# .",E).*; (&#&
$%%&:$*)",; 2$6& LK -&"-%& (+" +$6 *+&2;&%E&; L&&, $##&;*&6 "#
.$%%&6 LK *+& -"%).&3 J" ()*,&;; +$6 ."2& /"#($#6 E"%5,*$#)%K LK +);
"(, /#&& ()%% $,6 ),.#)2),$*&6 $,K "/ *+& /"5# .",E).*;3

77. As the enquiiy piogiesseu, the police case theoiy took a uiamatic tuin.
Contiaiy to what was stateu to the effect that a uistinction hau to be maue
between the acts of hooliganism anu the act of teiioiism, the police was
now of the opinion that it was the suppoiteis of the Scouts Club who hau
set fiie to Amicale.

78. A tangent has to be maue heie to focus on the situation of one of the
convicts: Abuool Naseeb Keeiamuth also known as Zulu.

79. Zulu who was aiiesteu on 29
th
Nay 1999 was aumitteu to hospital on a
few uays latei. (Bospital file numbei: 764u14)

8u. The lattei hau to be hospitaliseu as he hau savagely been beaten up by the
police. Be naiiates in uetail in his affiuavit
9
the teiiifying oiueal he hau to
go thiough:

'I was taken fiom Albeiciombie police station to Baie uu
Tombeau police station. 0vei theie, an officei tolu me that I
was now at the slaughtei house anu that I coulu shout anu
ciy all I wanteu anu that I woulu get no help. Be tolu me that
I coulu get beaten up anu they coulu even kill me anu that
nobouy woulu caie. Those weie the woius he useu:

S5C G@D? HED? JCDF MWCQQCG@EA? MCR %@ NCICH? NAE?A: IM@A?A
I?AF@DD? ICF I@P BCBD? G@ N@OIG?R
5C D@P NCICH? QCGG? G@E: G@PT? G@E G@PG I?AF@DD? ICF I@P
BCBD? G@ N@OIG? O?O?W


9
Annexe 6
64
I was in fact seveiely beaten up. I was hanucuffeu anu maue
to sit on a chaii anu ieceiveu slaps, punches anu kicks. I was
also beaten up with a thick iulei anu a big book.

I iemembei in paiticulai an officei nameu Inspectoi Callee
who pulleu my haii anu siuebuins ieally haiu.

Afteiwaius, chunks of my haii fell out when I ian my fingeis
thiough my haii. I was also vomiting bloou.'

81. Bis wife who visiteu him at the hospital confiims in hei witness statement
given to us
1u
anu uiu confiim to the piess at the time that hei husbanu
spoke of police biutality when she visiteu him.

82. She explaineu how the lattei was vomiting bloou on his hospital beu.

8S. Bowevei, aftei being hospitaliseu, Zulu who was veiy young at the time,
was tolu by a senioi officei in chaige of the enquiiy that if he uiu not
make allegations of police biutality, he woulu be baileu out soon.

84. Zulu naively believeu that officei.

8S. Anothei innocent convict ueseives paiticulai attention at this stage is
Nuhammau Shafique Nawooi, alias Fico.

86. An allegeu witness, who in Couit stateu how he was foiceu to implicate
Fico, was biought to Albeiciombie Police station by the enquiiing team
foi a confiontation exeicise. Bowevei, he stateu upon being confionteu to
Fico that he nevei saw him at L'Amicale.

87. That witness was biought back to Line Baiiacks then biought again to
Albeiciombie Police station anu confionteu one moie time to Fico anu
iuentifieu him on that occasion.


10
Annexe 7
65
88. That in itself was a most seiious iiiegulaiity. Bow coulu a witness who
negatively iuentifieu an accuseu paity be biought back minutes latei anu
maue to paiticipate in anothei iuentification exeicise with that same
paity.

89. Neanwhile, the police enquiiy was uiawing to a close. Nost of those who
hau maue allegations against the foui accuseu weie being uetaineu anu,
inteiestingly, weie all ieleaseu once they hau implicateu the foui convicts.

Accuseu No. 1 was foimally chaigeu on 26
th
}uly 1999
Accuseu No. 2 was foimally chaigeu on 26
th
}uly 1999
Accuseu No. S was foimally chaigeu on 9
th
August 1999
Accuseu No. 4 was foimally chaigeu on 27
th
}uly 1999


9u. Two months aftei the inciuent, the enquiiy was complete. Nine peisons
weie piovisionally chaigeu anu weie to face a pieliminaiy enquiiy.

<73 C+&#& +$6 L&&, ",%K ",& %),& "/ &,V5)#K $,6 )* ($; $L"5* >."5*; F%5L
/$,;3 J" "*+&# %),& "/ &,V5)#K +$6 L&&, &^-%"#&63 \+$* )/ *+";& (+"
-&#-&*#$*&6 *+& $**$.S 5;&6 *+& /$,; $; $ ."E&# *" ."22)* *+&
6&;-).$L%& $.*X C+& -"%).& &,V5)#K 6)6 $* ," -"),* ), *)2& &,E);$:&
*+$* $; $ -";;)L)%)*K3
77


92. Buiing the enquiiy, no inuepenuent witnesses hau come foiwaiu by theii
own fiee will to implicate any of the foui convicts. No statements hau
been iecoiueu fiom the fiie people anu the immeuiate neighbouis of
Amicale anu suiiounuings hau not been contacteu.

9S. 0thei uistuibing facts about the police enquiiy incluue the fact that:

a. The alibis of the "#$%&'( J7:0 (Nounou, Bb, Zulu anu
Fico) have iemaineu unveiifieu



11
See Chapter entitled The bigger picture
66
b. Bespite the innocent convicts stating that they hau no
objection that the police collect the clothes they hau woin
on the 2S
iu
Nay 1999, these clothes weie nevei collecteu
anu sent to the FSL.

c. No statements weie taken fiom officeis of the SS0 who
came on the spot at aiounu 19:uShis. Foi instance,
Supeiintenuent }oganah who was among the fiist to attenu
the locus was not iequesteu to give a statement to that
effect noi inteivieweu as to what he saw when he fiist
attenueu the site.

u. The ownei anu staff of Shamping Restauiant, locateu on
Emmanuel Anquetil ioau next to Amicale anu which was
opeiational as fiom 17 uu his weie not iequesteu to give
statements noi even inteivieweu by the police.

e. Neighbouis (i.e. woikeis, staff of 0nu iestauiant) weie also
nevei inteivieweu noi weie they iequesteu to fuinish any
uetails to the police uespite the fact that the police coulu
have potentially collecteu vital pieces of infoimation with a
view to eluciuate the time of the inciuents anu ultimately
aiiest the ieal peipetiatois.

f. Staff of Lai Nin iestauiant locateu on Royal Stieet wheie
moie than 1S peisons maue an eiuption to steal money anu
alcoholic uiinks weie not even questioneu by the police as
to whom they saw, whom they coulu iecognize, how the
peipetiatois weie uiesseu oi the time of the inciuent anu
the uuiation of the opeiation.

g. A ciucial piece of infoimation ievealeu by oui enquiiy is to
the effect that Lai Nin iestauiant was fully opeiational as
fiom 18 uu his anu that clients of Lai Nin woulu paik theii
cais in fiont of the iestauiant.

67
h. Bowevei, the police officeis investigating the inciuent uiu
not finu it useful to question these clients with a view to
obtain vital pieces of infoimation as to what they coulu
have seen.

i. Note theie that the ieu cai paikeu in fiont of Lai Nin, which
Thupsee believeu was the cai of the Sumouhee, coulu have
been the cai of a client attenuing the iestauiant at the time.
It hau nevei been confiimeu that this ieu cai was
effectively the cai in which the Sumouhee biotheis hau
tiavelleu. The numbei plate of that ieu cai hau nevei been
iuentifieu.

j. No taxi uiiveis whose base of opeiation weie at Royal
stieet anu }oseph Rivieie stieet weie questioneu by the
police as to theii wheieabouts on the uaytime of the
inciuent anu as to what they hau seen if they weie at theii
base of opeiation.

k. The ]#&0%,&*6 ;7:'(++(W who was woiking at the mateiial
time anu people iesiuing on top of the builuing opposite
L'Amicale incluuing some expats weie not questioneu noi
inteivieweu. Yet oui inquiiy has ievealeu that those people
hau a cleai view of the inciuent as they weie seen watching
the fiie fiom theii balconies.

l. The police uiu not ueem it fit to inquiie fiom the
businesses, anu othei neighbouis of Amicale as to whethei
they phoneu the police to iepoit any inciuent anu if they
uiu, which police station they calleu. The timings ievealeu
by these calls woulu have been essential to give to the
investigatois a cleai pictuie as to the timings of the
inciuents.



68
m. CCTv cameias weie existent in 1999 anu weie intiouuceu
foi instance, by the State Bank in the eaily 199u's anu soon
aftei, othei banks followeu suit. The ciowu which left fiom
Chanceiy Bouse to L'Amicale woulu have passeu in fiont of
a few of those banks. Bowevei none of these CCTv cameias
hau been examineu by the police, incluuing that of the Bank
of Nauiitius.

n. Banks pioviuing ATN (Automateu Tellei Nachine) facilities
weie all equippeu with CCTv cameias which coveieu a
ceitain peiimetei aiounu the machine. 0ui investigation
has ievealeu that the ATN of the BSBC bianch locateu
meties fiom L'Amicale was uamageu uuiing the inciuent.
An inteiesting point to note is that once uamageu, the ATN
woulu geneiate an infoimation sheet (known as jouinal)
with the time it ceaseu opeiation. This sheet coulu have
helpeu in establishing the time of the inciuent. This was not
investigateu by the police. .

o. 0ui enquiiy has ievealeu that the cai of witness Li Tung
12

was not set on fiie in the way that the saiu witness stateu at
the assizes. 0ui enquiiy has ievealeu that theie was a
Liveipool FC towel on the backseat of the cai of witness Li
Tung anu that the iauio cassette of the cai was abstiacteu
by some looteis who then put it in the towel anu caiiieu it
away. It is only aftei that inciuent that some motoicyclists
with pillion iiueis weaiing gieen scaives on theii faces
stoppeu by the cai anu set it on fiie. The buint cai was not
piopeily examineu since a thoiough examination woulu
have ievealeu the absence of the auuio cassette which
woulu have helpeu the investigatois unueistanu what
ieally happeneu to the cai of that witness.


12
See Chapter entitled Witness Li Tung
69
C" ,"*&T Who coulu have known about the Liveipool FC
towel inciuent unless they hau ieally witnesseu oi
paiticipateu in the laiceny.

94. 0ne last issue which neeus to be auuiesseu in iegaius to the police
enquiiy was the absence of investigation in ielation to the obseivations
maue by Chief Inspectoi Fullee:

a. CI Fullee was the most senioi police officei who was woiking in
the vicinity of L'Amicale on the 2S
iu
Nay 1999. Be was the
iesponsible officei as iegaius to the opeiation of Tiou Fanfaion
Police Station.

b. Senioi officeis at Plaine veite Police Station liaiseu with him to
make the necessaiy ioau tiaffic uiveisions on that uay.

c. Be was quite ieactive when he saw the fiist signs of fiie. At an
eaily stage, CI Fullee became awaie that an SNF van has been
oveituineu at Belle vue iounu about.

u. It was unuei his instiuctions that Police 0fficei Pauaiuth was
placeu on a fixeu point at the coinei of Royal anu Emanuel
Anquetil Stieet just in fiont of L'Amicale. When the van in which he
was tiavelling uioppeu officei Pauaiuth at the fixeu point, he
noticeu that theie was a gioup of motoicycles ioaming the aiea
with the appaient intention to cieate uisoiuei. That was at about
18 uu - 18 uS.

e. 0ne of his officeis also noticeu a iathei stiange fact: A peison
uiesseu in buiqa who was stanuing iight in fiont of L'Amicale.
1S


f. CI Fullee was patiolling in a police van to supeivise the aiea.
Thiough the police iauio anu mobile phone, he was appiaiseu of:

13
Our enquiry has revealed that it was customary for Bahim Coco to wear a burqa on some of his
missions. Was it therefore just a strange coincidence that a person wearing a burqa was in front of a
gamehouse at that particular time.
70
- A ciowu gatheiing at Khauafi squaie
- The piesence of a mob in fiont of vallee Pitot Police
Station
- An attempt to set fiie at a Petiol Station in Plaine veite
- The attack on a bus going to the Noith along Nilitaiy ioau
- The aison of Bus at Royal Stieet
- The assault of Police 0fficei Pauaiuth
- The ciowu of allegeu Scouts Club fans piesent at '& D&0(
6: *706Z

g. Sensing that the situation coulu take a tuin foi the woise, he tiieu
to contact the Infoimation Room to ask foi assistance but to no
avail. Be went back to Tiou Fanfaion Police Station to aim himself.

9S. If the observations of CI Fullee had been given the consideration it deserved, it
would have become clear for the investigators that there was a bigger plot
going on.






















71
Chapter 8: Preliminary Enquiry

96. At the pieliminaiy enquiiy, nine peisons answeieu chaiges of muiuei.

97. They weie:

Accuseu No.1 >+&)S G2#$, >52"6+&&, &'$&5 *@PD@P

Age at the time S8
Piofession at the time Self employeu
Auuiess at the time 18, Ciimea Stieet
vallee Pitot

Accuseu No.2 a+$%&&%"56&&, >52"6+&&, &'$&5 3bQb

Age at the time S7
Piofession at the time 0wnei of bakeiy
Auuiess at the time 18, Ciimea Stieet
vallee Pitot

Accuseu No S 4L6""% J$;&&L a&&#$25*+, &'$&5 cPMP

Age at the time 2u
Piofession at the time c,7'' /:0$ sellei
Auuiess at the time S6, Impasse Lenepveu
vallee Pitot

Accuseu No 4 !5+$22$6 >+$/)V J$(""#W &'$&5 'EN@

Age at the time 19
Piofession at the time 0nemployeu
Auuiess at the time Namauekhan lane
Pamplemousses

Accuseu No S >$%)2 N"5,b$#)$, alias ,CMEO dC?GCD

Age at the time 29
Piofession at the time Bawkei
Auuiess at the time 17 Coips ue uaiue Stieet
Plaine veite

Accuseu No 6 J$c&&2 R$5%""

Age at the time S4
Piofession at the time Cake sellei
Auuiess at the time 18 Louis Xaviei Stieet
Poit Louis



72
Accuseu No 7 4L65%%$+ G;2$&%S+$, J&&K$25*+S+$,

Age at the time SS
Piofession at the time Bawkei
Auuiess at the time 4 Boulevaiu Bugon
vallee Pitot

Accuseu No 8 !"+$22$6 Z52b$5,, &'$&5 *COCJ?

Age at the time 42
Piofession Loiiy Biivei
Auuiess at the time 2u Ciimea Stieet
vallee Pitot

Accuseu No 9 4;#$/ 4%%K D""6+"", &'$&5 1FACK

Age at the time S8
Piofession Bawkei
Auuiess at the time No. 4 Bungaiian Stieet
vallee Pitot


98. Theie weie 74 witnesses who weie on the list of witnesses foi the
piosecution. S9 witnesses ueponeu in the pieliminaiy enquiiy which
spanneu ovei a peiiou of neaily nine months. (between 2S
th
0ctobei 1999
up to 14
th
}uly 2uuu)

<<3 Y5* "/ *+& B< ()*,&;;&; (+" 6&-",&6W = ()*,&;;&; 6&;&#E& $
-$#*).5%$# $**&,*)", ;),.& *+&K (&#& *+& ",%K ()*,&;;&; (+" +$6 ),
*+&)# ;*$*&2&,*; :)E&, *" *+& -"%).&W ),.#)2),$*&6 *+& $..5;&6
-$#*)&;3

7993 C+";& &):+* ()*,&;;&; (&#&T !#3 !3 43 C+5-;&&
!#3 !3 G3 Y"c&&#
!#3 Q3 !3 d$,&&
!#3 43 e3 >"K/""
!#3 !3 Z3 C+5-;&&
!#3 !3 Z3 d$,,""
!#3 !3D3 [2$2L$.5;
!#;3 !3 R$*"5#






73
1u1. The following aie the extiacts of theii uepositions in Couit, iepiouuceu
veibatim:

H&-";)*)", "/ !"+$22$6 GVL$% Y"c&&#W $%)$; !)"T


'When the police aiiesteu me on 1u.6.99 they tolu me they
hau to check my motoi cycle, to get the hoisepowei at my
place.

In fact they uiu not take me to my place. They took me to
Abeiciombie Police Station in a ioom at the back. Theie the
police tolu me if I hau set fiie to Amicale.

When I tolu them no, they got angiy anu staiteu to shout at
me, they tolu me that now wheie you aie you have come on
boaiu the vessel Titanic they tolu me that it is a sank ship.

They tolu me if you want to come out when the ship is sank I
must f."5%& %&; $5*#&; -"5# *" ;"#*)g. Eithei this of you
have to sink in theii place (.)

The police even tolu me that theie is no one to get me out.
They will ueciue who will be ieleaseu on bail anu who will
not. (.) They askeu me what I own, a house, they will make
me sell my Cite house (.)

G, *+& 2&$,*)2& *+&K +$6 L&$*&, 2& 5- $,6 *+&K *"%6 2&
*" ;&& (+" ()%% #&;.5& 2&3 I tolu them I have my mothei
who is an olu peison. They askeu me to co-opeiate with them
anu they will f#$,:& %O&,V5&*& %$3g@hA

They askeu me my age, I tolu them I am 28 yeais olu. Y,& "/
*+& -"%).& "//).&#; *"%6 2& *+$* +& ); BB K&$#; "%6 $,6 +&
); ,"* ;5#& *" L& 799 K&$#; "%6 *" ;&& 2& L&),: #&%&$;&6
/#"2 -#);", $/*&# iB K&$#;3

When I askeu them to have a counsel the police askeu me
who I was.' (sic) @[2-+$;); $66&6A

UC+& ;*$*&*&2&,* $; )* );W *+& -"%).& +$6 $%#&$6K ;):,&6
$,6 *+&, *+&K $;S&6 2& *" ;):,3 0ne police officei was
wiiting anu then he signeu the statement anu then he tolu
anothei police officei "faiie li signe sa"
G +$6 ," .+").& *+$, *" ;):, $; G ($; L&),: L&$*&, 5- $,6
G ($; *#$52$*);&63 C+& ;*$*&2&,* ); ,"* 2),& L5* *+$* "/
*+& -"%).&3O

UG 6)6 ,"* :)E& *+& ;*$*&2&,* E"%5,*$#)%K L5* )* ($;
*+#"5:+ f.+$,*$:& %$ -"%).&g3 D&.$5;& *+& -"%).& ;$)6
*+&K ()%% %".S 2& 5-O

74
U4,6 K"5 ;$( >$%)2 N$&*$,W !"5,"5W D&L&W M)." &* e"5%"5
*+#"( .".S*$)% !"%"*"EX
4T J" )* ); *+& -"%).& (+).+ $;S&6 2& *" ;$K ;"3O

(.)

'Q: 0n 16.6.99 the police took you to Beau Bassin
Piisons.
A: Yes

Q: Foi what ieasons.
A: They tolu me that I was going to go to Piisons. They
took me fiom Teiie Rouge Police Station, they took
me to Abeicombie Police Station anu at Albeicombie
they tolu me that they aie taking me to the piisons.
In the yaiu of the Beau Bassin Piisons when we stop
theie weie anothei cai in which weie othei police
officeis they tolu me "guette" to ieste la meme'.
C+&K *"%6 2& *+&K $#& :"),: *" 2$S& 2& ;&& *("
>52"6+&& D#"*+&#;j G ",%K +$E& *" ,"63O

(.)

Q: Bave you evei complaineu conceining the piessuie
put by the police on you anu the beating you have
ieceiveu.
A: I have not maue any complaint but I waiteu to be
given the oppoitunity of explaining myself unuei
oath.


Q: Is the fact that you weie veiy scaieu the main
ieason why you signeu the statement.
4T 0$; b5;*& ;$3 >) %$ -"%).& -$; *) /$)#& .+$,*$:&
.$5*)", $#& 2")W ;) c"**& -$; *) L$**& 2") &* ;)
c"**& -$; *) 6)#& V5) c"**& -"5 $**$.+k .$;& $E&.
2") 2" -$; *) -"5# ;):,&#3
(...)

Q: The othei ieason is that you weie beaten up. Biu
you see the uoctoi.
A: Yes. I uo not know the uate. If you say it is 1S.6.99 it
may be so. I uo not know the uoctoi. The uoctoi ask
me if I am well. I uiu not answei him. The uoctoi was
in a huiiy to go. I uiu not talk to the uoctoi anu he
uiu not examine me. Conceining the beating up on
1u.6.99 in the evening at Teiie Rouge Station in the
uiaiy book when I (..) been lockeu up I hau footache
anu I was feeling pain at my leg, I was scieaming,
asking the police to open, they took time to come.
When they weie opening the uooi I tolu the police
officei I hau pain at my foot anu I wanteu to be taken
to the hospital.
75
The police officei took me to his Supeiioi. The lattei
askeu me wheie I hau pain I iemoveu my jean
tiouseis anu showeu him. The police chief tolu me
that he woulu not take me to hospital. 0n the
contiaiy he tolu me fV5) *" .#")#& %$ .$;& 2$2$
).)g. C+& -"%).& 6)6 ,"* (#)*& what I saiu that I was
beaten up by the police anu I got injuieu but it was
wiitten "None sape uepi lili uans cellule et mo fine
gagne uu mal". It was wiitten in English "falling fiom
beu, biuises at Left knee". It was wiitten on 1u.6.99.
It is wiitten in the uiaiy book. I uiu not fall fiom beu.
(.)'


H&-";)*)", "/ Q5;;$), !"+$2$6& d$,&&

'Q: Biu you give the statement to the police.
4T C+); ); 2K ;*$*&2&,* ()*+ 2K ;):,$*5#& L5* *+&
("#6; $#& ,"* 2),&3

'The police tolu me f;$ S) c"**& -"5# 6)#& *" 6)#& -$#&)%%&
."522& ;$ &* ;) *" -$; 6)#& ."522& ;$ ,"5; -"5# 2&*#&
;$ .$;& %$ %"#; *" %$ *&*& &* ;) b$2$); *" 6&E)#& %O&,V5&*&
-$; .#")#& V5) *" -"5# ;$-&# $#& ,"5;3 [* $5;;) c"**& ),&
6)#& 2") *" .",*&,* *#$E$)%%& >&.5#)."#W *" .",*&,* E&)%%&
%O+"*&%W *" -"5# $%%& E&)%%& 0#);", %$ +$5*3OO

'Q : When you saiu la police fine uiie ou uiie bannes
zaffaiies sinon zotte poui mettie sa case la lois ou la
tete , what uo you mean .
A : La police fine uiie moi si to pas accuse sa bannes
uimloune qui la police fine montiei moi c'est a uiie
Fico et Zoulou'

'The statement which I gave to the police, the police uiu not
wiite it uown. I listeneu to what they tolu me to say. [)*+&# G
%);*&,&6 *" (+$* *+&K $#& ;$K),: "# *+&K ()%% %".S 2& 5-3O

'The CIB uiu not wiite my statement. They tolu me "to pe
cause menti to banne camaiaue zotte tous pe cause viai. Zote
tous pou soiti, toi to poui feimei paicequi to pe cause menti
et zotte uiie moi ueux noms si pas mo conne zotte paimi sa
nom la in uiie moi Fico eck Zoulou.'

UG )2-%).$*&6 ;"2&",& LK -#&;;5#& /#"2 *+& -"%).& $,6
$2",: *+& ",&; G )2-%).$*&6 ($; M)." $,6 e"5%"5O

UC) 6)#& 2") ."522& ;$ ;) 2" -$; &."5*& c"**& -$; L%)&#
V5) 2" -$; -"5# ;$-&# $# c"**&O




76
H&-";)*)", "/ 4L6""% e)K$$6 >"K/""

'I know the police ask me a question conceining a boy who
hau come with me anu hau askeu me foi money to buy
petiol. But I uiu not see3 G *"%6 *+&2 K&; L&.$5;& *+&#&
($; *"" 25.+ -#&;;5#& ", 2& $,6 L&),: :)E&, *+$* G
,&E&# &,*&#&6 $ FGH "//).& G ."5%6 ,"* L&$# *+&
-#&;;5#&3 The police tolu me f-$; $2&,& #"%& 2$%),
;),", ,"5; /$)#& /&#2& *")g

Yes I saiu so to the police because u'apies qui zotte fine
pose moi sa question la zotte ti uemanue moi si aine gaicon
nommei Fico ti uemanue toi casse pou achetei l'essence mo
finne uiie zotte non et zotte ti uiie moi to aine menteui et
zotte pe fatigue mo latete et c"**& -& 6)#& 2") V5) 2"
.",,& %) &* c"**& *) 6)#& 2") V5) *$,* V5) *" $2&,& #"%&
2$%), ,"5; -$; -"5# %$#:5& *") &* ;&5%& ;"%5*)",b V5) *)
$),$ 2" /),& #&-",6& c"**& "5) -"5# V5) c"**& .$-$E&
%$);;& 2") $%%&# et aiiete fatigue mo la tete. Et mo pa
absent l'ecole paicequi mo aina poui compose Foim v.


H&-";)*)", "/ !"+$2&6 D)%$%% [2$2L$.5;

'Q. When you tolu the police all these things at Baie uu
Tombeau what happeneu then. The police askeu me
if I noticeu anything.
A. I tolu them no because mo pas ti alle guette uimoune
uans zotte figuie moi. Then they staiteu to ievolt. By
they I mean the CIB 0fficei. Theie was about 1u of
them at the back of the station in a ioom. They weie
not in unifoim

Q. What uo you mean by 'ievoltei'.
A. They tolu me I am lying anu I ieplieu that I am not
lying. They tolu me "pas toue vine faiie malin ici
nous meme nous ene gianu malin." Theie was a
table in the ioom. I uo not know of what they weie
talking among themselves, one of them went out anu
$/*&# 8 2),5*&; +& #&*5#,&6 $,6 L#"5:+* $ -$)#
"/ +$,6.5//; $,6 $ -)&.& "/ (""6 anu a (..) 0ne
CIB 0fficei tolu me "to bisin coze tout la veiite"
Seulement to pas poui alle la cage." Be continues
"mo connais to ene bon gaicon to ene sel gaicon
poui to papa to ena iesponsibilite, to enan ene la
boutique poui contiollei *" &,E)& $%%& %$ .$:& "5
;")* *" &,E)& #&;*&#3g

Then they staiteu to enciicle me i.e the 1u CIB 0fficeis, then
one of them f#);;& 2" .$#$L); ."*& 6#")*&g Q& *"%6 2& f*")
*" -$; -"5 ."2-#&,6 *")g. Be maue me iemove my shiit. I
uiu not want to iemove my shiit. C+&K :"* +"%6 "/ 2& $,6
*+&K #&2"E&6 2K ;+)#*3 In fact I hau a T Shiit on me.
77
I iemaineu baie chest. C+&K ;*$#*&6 *" L&$* 2& ()*+ *+&
-)&.& "/ (""6 $* 2K L$.S3 G #&.&)E&6 ;&E&#$% L%"(;. They
weie haiu blows. C+&, *+&K L&$* 2& ", *+& f-%$* %)-)&6g.
Aftei iemoving my T shiit I was maue to iest on the table by
my belly. It is then that they beat me at my back anu "plat
lipieu" (footpalm). The one who pull my siue buins again. Y,
;&E&#$% "..$;)",; *+&K *"%6 2& f*" -"5 6)#& *" -$; -"5#
6)#&g G *"%6 *+&2 G 6" ,"* S,"( $,K*+),:3 Then aftei some
1S minutes they lifteu me anu maue me sit on a chaii. C+&K
+$,6.5//&6 2& ()*+ 2K +$,6; $* *+& L$.S because when
they weie pulling my siue buins. I hau pains anu I tiieu to
pievent them with my hanus that is why they placeu my
hanus at the back. I was still at Baie Bu Tomeabu. It was then
12.uu oi 1S.uu. They continueu asking me what I hau seen. I
tolu them I uiu not iemaik anything. Then they gave me thiee
names of people. C+& ,$2&; (&#& !"",""W e"5%"5 $,6
M)."3 They askeu me whethei I saw the S peisons at the
Stauium I tolu them no.

Then they askeu me if I saw them at Plaine veite. Then I tolu
them no. G *"%6 *+&2 )* ); *+& /)#;* *)2& G $2 +&$#),: *+";&
,$2&; $,6 G 6",O* S,"( *+&23

They placeu Reza Thupsee in fiont of me. Then Reza Thupsee
tolu me "Nous pas ti alle Amicale" in fiont of all the police
officeis. I tolu him yes. Be tolu me "to pas conne Noonoo li
tiavaille uans Boulangei li enan ene van blanc"
I tolu him no

Q: Then.
A: Be tolu me "to pas conne Fico qui viiei la iue Paul et
viiginie. I tolu him no. The he tolu me "to pas conne
Zoulou ki venue Bholl pouiii" I tolu him no.

Then the CIB 0fficeis askeu me a question. They tolu me
f!);;)& [2$2L$..5; %$ ."*& "5 &*& %$ "5 $5 2)%)&5 ;5 "5
-"#*& ."*& 6#")*& "5 -"5 $%%& %$ .$:& ;) "5 E)#& ."*&
:$5.+& &,$ 8B L$,$,& -#);", %$6$,;g

Q : 0n which siue uiu you ueciue to 'viie'.
4T C&%%&2&,* *) &,$ -#&;;)", %"#; 2") $E&. %$ -&5#
2",,& 6)#& c"**& "5) 2" .",,& c"**&;

Q. Who aie 'zotte'.
A: Noonoo, Zoulou et Fico"


H&-";)*)", "/ !"+$22$6 Z)$c d$,,""

'Q. When you gave the statement you spoke the tiuth.
A. C+& -"%).& *"%6 2& *" say it is the veiy cai which I
saw.

78
Q. "Sa meme l'auto qui tous uimoune qui ti uans
Khauafi Squaie fine suivie li paitout et sa lheuie la ti
capave ceis six heuies tanto." Biu you say this to the
police
A. G ;$)6 ;" 5,6&# -#&;;5#&3

Q. Anu you auu "No suie et ceitain mo pas pe faiie
aukene eiieui lois sa l'auto la" Biu you say so .
A. ]&; 5,6&# -#&;;5#&

They askeu me if I will ietain a Counsel befoie giving a
statement. I was thinking about it when they tolu me "ene ti
z'affaiie sa"'

1u2. The above extiacts, iepiouuceu as they appeai in the couit
pioceeuings make foi a veiy uistiessful, uistuibing anu alaiming
ieauing.

1uS. Seven of the key witnesses foi the piosecution, out of eight, who hau
pieviously levelleu accusations against the accuseu paities naiiateu
in uetail how they hau been foiceu, toituieu anu even in some cases
biutaliseu by the police in giving theii statements implicating the
accuseu paities.

1u4. All seven of these witnesses explaineu how the statements weie not
theiis but iathei statements which they weie given no choice but to
sign.

1uS. It was not the aim of the enquiiy anu it is not the aim of the iepoit to
auuiess in full the issue of police biutality.

1u6. Bowevei, the coiielation between police biutality anu miscaiiiages
of justice cannot be unueiestimateu.

1u7. It neeus to be boine in minu though that the above weie extiacts of
uepositions of ()*,&;;&; foi the piosecution who hau no motive
whatsoevei to lie in couit. Yet they all explaineu how they weie
foiceu to sign statements uoctoieu by the police.

79
1u8. With the exception of Azau Thupsee, none of these witnesses
ueponeu at the Assizes.

1u9. Theie was no subsequent enquiiy into the allegations of police
biutality anu misconuuct.

11u. The meie fact that seven witnesses foi the piosecution maue
allegations that they have been foiceu anu blackmaileu by the police
in inculpating the accuseu uiu much moie than just aiousing
suspicion of police misconuuct.

111. It tainteu the whole investigation anu no faii tiial coulu possibly
have ensueu following the ueposition of those witnesses.

112. Nonetheless, baseu solely on the extiemely flimsy accusation of Reza
Thupsee, the "#$%&'( J7:0 weie committeu to stanu tiial the assizes.

J"*&T \$; *+&#& $ ,&^5; L&*(&&, *+& 1OENCM? '@PAX

,/*$2("" 3!$%("!,

Y,( I:#76,(( ;07+,(05 E(0( E('' G*7E* I%7:+5 5://70+(05Z

Y,( 8&+,(0 78 +,( +E7 I:#76,(( ;07+,(05 E&5 & E('' G*7E* 8&* 78
+,( I%7:+5 <':; 5$*%( +,( 6&?5 78 O:5'$# I%7:+5Z =+ $5 E('' G*7E* ;?
+,75( E,7 E(0( $*U7'U(6 $* +,( <':; +,&+ &+ +,( +$#( E,(* ,$5
;:5$*(55 E&5 8'7:0$5,$*D1 ,( ,('/(6 +,( O:5'$# I%7:+5 E,(*(U(0 ,(
E&5 &5G(6 +7 #&G( 8$*&*%$&' %7*+0$;:+$7*5Z

)* +,( 6&? 78 +,( I%7:+5 Ud5 J$0( #&+%,1 +,( 8&+,(0 E&5 $* +,( 788$%$&'
'76D( 78 +,( OJ"Z Y,( +E7 ;07+,(05 E(0( $* +,( ]/0(#$(0(W 78 +,(
"*L&'&? 5+&6$:#Z

`7*( 78 +,(# G*(E 70 ,&6 G*7E* J$%7 70 F:': ;(870( +,($0 &00(5+Z

'+)$

J$%71 ?7:*D 5://70+(0 78 I%7:+5 <':; E&5 -[ &+ +,( +$#(Z e( 6$6 *7+
G*7E &*6 ,&6 *(U(0 ;((* $* %7*+&%+ E$+, +,( I:#76,(( ;07+,(05
/0$70 +7 ,$5 &00(5+Z

J$%7 6$6 *7+ 5,&0( &*? %7##7* 80$(*65 E$+, +,( I:#76,((Z J$%7 :5(6
+7 '$U( 8&0 &E&? 807# +,( I:#76,(( ;07+,(05Z Y,( I:#76,((
;07+,(05 &*6 J$%7 &0( 807# +E7 6$88(0(*+ ;&%GD07:*65Z



80
e""!1*/%(

f((0&#:+,1 5://70+(0 78 I%7:+5 <':; 6$6 *7+ 870# /&0+ 78 +,( %$0%'(
78 +,( I:#76,(( *70 E&5 ,( & 6$5+&*+ 80$(*6 78 +,(#Z

f((0&#:+, E&5 & 570+ 78 & ]'7*(0W1 E,7 &++(*6(6 #&+%,(5 7* ,$5 7E*
&*6 :5(6 +7 #((+ /(7/'( 7* ,$5 E&? +7 +,( 5+&6$:# E$+,7:+ &*? /0(
%7706$*&+$7*Z


11S. Theie was only the eviuence of Reza Thupsee to implicate convicts
1-4. Reza Thupsee was N0T calleu at the Assizes.

114. The Couit coulu not anu shoulu not have ielieu on the eviuence of
Reza Thupsee to commit the "#$%&'( J7:0 to the assizes since:

a. Reza Thupsee was a mental patient.
b. Aftei implicating the Amicale Foui in his statement, he naiiateu in
uetail how he was foiceu to implicate those foui innocent.
c. Be was tieateu as a hostile witness anu then given a peijuiy
waining anu infoimeu about the piison sentence that coulu ensue
if he faileu to uepone as pei his statement.
u. Even then he maintaineu that he was foiceu to implicate the
"#$%&'( J7:0Z
e. Be was subsequently $##&;*&6 anu 6&*$),&6 foi peijuiy.
f. It is only aftei his ielease on bail that he came $:$), at the
Pieliminaiy Enquiiy anu implicateu the "#$%&'( J7:0Z

11S. Bow coulu the lives of the "#$%&'( J7:0 iest in the palms of such a
peison.

116. Anothei issue aiising out of the Pieliminaiy Enquiiy anu which
ueseives paiticulai attention is the fact that a numbei of witnesses
incluuing those who woikeu at L'Amicale weie nevei calleu. In
paiticulai, theie was a woikei of the game house nameu Ni. Latoui
who was woiking at the mateiial time anu whose name appeaieu on
the list of witnesses foi the piosecution. Ni. Latoui was nevei calleu to
uepone befoie the Pieliminaiy Enquiiy oi at the Assizes.

81
117. Ni. Latoui is auamant that (i) the shutteis of L'Amicale weie openeu
fiom the insiue (ii) theie weie only two oi thiee police officeis piesent
insiue L'Amicale anu (iii) The police took a long time to aiiive on the
locus aftei they weie maue awaie of the inciuents.

118. Anothei woikei who was at the locus at the mateiial time but who was
not calleu at the Pieliminaiy Enquiiy is one Ni. Bugo, a bouncei. He
was posted at the entrance giving on Emmanuel Anquetil Street. Our
enquiry has revealed how Hugo gave a statement to the police which was in
contradiction with what PC Seeneevassen had stated in his statement. Only
Mr. Seeneevassen was called at the PE and the Assizes. The evidence of
Mr. Hugo would have revealed whether he saw any Molotov cocktail or
other incendiary devices used against LAmicale. There is also no
indication as to why he did not take part in any reconstruction exercise
especially in view of the fact that he was the person to have shut the
accordeon doors of the entrance on Emmanuel Anquetil Street. Finally, is it
correct that Hugo put the time of the incident at least 30 minutes earlier
than the time stated by PC Seeneevassen?


















82
Chapter 9: Assizes

119. Aftei a iecoiu time of only foui months fiom the enu of the
pieliminaiy enquiiy, the assizes case staiteu.

12u. At the Assizes, the case that the piosecution set out to piove was
that
14
:

- "+ &;7:+ 3 &*6 3Z-\ /Z#Z1 &* &*D0? %07E6 ,&6 D&+,(0(6 &+
f,&6&8$ I>:&0(Z Y,(? E(0( #&6 &+ +,( 0(8(0(( &*6 &+ +,(
7:+%7#( 78 +,( #&+%, &+ "*L&'&? I+&6$:#Z

- =+ E&5 &+ &;7:+ +,&+ +$#( +,&+ O7:*7: &00$U(6 &+ f,&6&8$
I>:&0( $* & 0(6 %&0 E,$%, ,( E&5 60$U$*DZ

- Tg;g E&5 5(&+(6 $* +,( /&55(*D(0 5(&+ *(S+ +7 O7:*7: &*6
+,(0( E(0( +E7 7+,(0 /&55(*D(05 5(&+(6 $* +,( 0(&0 78 +,( %&0Z

- "5 577* &5 O7:*7: 5+7//(6 ,$5 %&01 ,( &660(55(6 +,( %07E6
&*6 :0D(6 +,(#1 ]&*7: &''( %0&_( OJ"WZ OJ" #(&*$*D +,(
O&:0$+$:5 J77+;&'' "557%$&+$7* E,$%, 788$%( $5 5$+:&+(6 $* +,(
<,&*%(0? e7:5(Z

- O7:*7: 5'7E'? 607U( ,$5 %&0 +7E&065 <&+,(60&' I>:&0( &*6
+,( #7; +,&+ ,&6 D&+,(0(6 &+ f,&6&8$ I>:&0( 87''7E(6 +,(
%&0Z

- =+ E&5 &+ &;7:+ +,&+ +$#( +,&+ J$%7 /:0%,&5(6 95Z -\dA E70+,
78 /(+07' &+ & /(+07' 5+&+$7* 7* c(5870D(5 I+0((+Z

- O7:*7: /&0G(6 ,$5 %&0 7//75$+( <&+,(60&' I>:&0( *(S+ +7 +,(
`(E <7:0+ e7:5( &*6 /7$*+(6 +7 <,&*%(0? e7:5( &*6 :0D(6
+,( %07E6@ ]%0&_(0WZ


14
As per the opening speech for the prosecution.
83
- Y,( %07E6 ,:0'(6 5+7*(5 &+ <,&*%(0? e7:5( &*6 +,(* %&#(
;&%G 7* <&+,(60&' I>:&0( &*6 7* +,( E&? +,(? ;07G( E$*67E
/&*(5 &+ +,( `(E <7:0+ e7:5( &*6 &'57 6&#&D(6 '&#/ /75+5
7* <&+,(60&' I>:&0(Z

- O7:*7: +,(* +7'6 +,( %07E6 +7 87''7E ,$# +7 hW"#$%&'( &*6
,( 607U( ,$5 %&0 &+ & 5'7E 5/((6 '(&6$*D +,( #7; &'7*DZ

- "+ &;7:+ . /Z#Z1 O7:*7: /&0G(6 ,$5 %&0 7//75$+( h&$ O$*
9(5+&:0&*+Z O7:*7: &D&$* :0D(6 +,( %07E6 ]%0&_(0W &*6 +,(
%07E6 +,0(E 5+7*(5 &+ hW"#$%&'( 6( 470+ h7:$5Z

- O7:*7:1 Tg;g1 F:': &*6 J$%7 5#&5,(6 +,( %&05 +,&+ E(0( $*
+,( U$%$*$+? 78 hW"#$%&'( 6( 470+ h7:$5 &*6 5(+ +,(# 7* 8$0(Z
Y,( 8'&#(5 807# +,( %&05 5/0(&6 +7 +,( ;:$'6$*D E,$%, ,7:5(6
hW"#$%&'( 6( 470+ h7:$5

- "+ &;7:+ +,&+ +$#( +,(0( E(0( 5(U(0&' #7+70%?%'$5+5 E,7
%&#( 7* +,( 5/7+ 7//75$+( hW"#$%&'(Z )*( 78 +,( #7+70%?%'$5+5
5+7//(6 *(S+ +7 O7:*7: &*6 ,( 5,7E(6 ,$# & 0:%G5&%G
E,$%, %7*+&$*(6 O7'7+7U %7%G+&$'5Z

- Y,( #7+70%?%'$5+1 87''7E$*D +,( $*5+0:%+$7*5 78 "%%:5(6 `7Z -1
'$+ %7%G+&$' O7'7+7U5 &*6 +,0(E +,(# 7* +,( 8$05+ 8'770 78
hW"#$%&'( 6( 470+ h7:$5Z

- "5 & 0(5:'+ 78 +,( 8$0( 807# +,( O7'7+7U %7%G+&$'5 &*6 +,( 8$0(
E,$%, ,&6 5/0(&6 +7 +,( ;:$'6$*D 807# +,( 8'&#(5 78 +,( %&01
5(U(0&' 5(&+5 78 8$0( #(0D(6 +7D(+,(0 &*6 ;:0*+ +,( E,7'(
;:$'6$*DZ






84
121. Ni. S. Boolell enueu his opening speech by stating:

]=+ $5 +,( %&5( 870 +,( 4075(%:+$7*1 h&6$(5 &*6 i(*+'(#(* 78
+,( j:0?1 +,&+ +,( 87:0 &%%:5(6 6$6 E$'8:''? 5(+ 8$0( +7
hW"#$%&'( 870 & 0(&57* +,&+ $5 :*G*7E* &*6 +,$5 %&:5(6 +,(
6(&+, 78 5(U(* /(057*5 E,7 E(0(1 &+ +,( +$#(1 $*5$6( +,(
;:$'6$*DZW B5$%C

122. The eviuence which was auuuceu by the piosecution to
substantiate theii case was as follows:

- An JG? "//).&# ueponeu to the effect that he saw the ieu cai of
Nounou anu Bb at Khauafi Squaie at 18 2u.

- 4c$6 C+5-;&&, the main witness foi the piosecution who hau
pieviously maue allegations of police biutality which foiceu him
into implicating the "#$%&'( J7:0 anu who hau changeu his veision
ovei anu ovei again ueponeu, in chief, unuei oath, to the effect that
he allegeuly witnesseu ALL of the following:

i. Be saw Nounou anu Bb at Khauafi Squaie at about
6 p.m.
ii. Be heaiu Nounou shouting: 'qui zotte ap attane, a
nous alle ciaze NFA'
iii. Be saw the cai leaving Khauafi Squaie anu pioceeuing
towaius the NFA.
iv. Be followeu the ciowu anu on the way to NFA, Fico
askeu him foi Rs. 1u to buy petiol.
v. Be saw Nounou paik his cai opposite New Couit
Bouse.
vi. The ciowu went uown Lislet ueoffioy Stieet anu
following the oiueis of Nounou staiteu huiling stones
at the builuing
vii. Be saw Nounou thiow a stone at Chanceiy Bouse.
85
viii. At some point in time the ciowu came back up Lislet
ueoffioy Stieet anu onto Catheuial Squaie wheie he
saw moie uamage being uone.
ix. Nounou then oiueieu the ciowu 'a nous alle faiie ene
letoui l'Amicale' anu uiove off.
x. Be ueciueu to go home but then changeu uecision anu
followeu the ciowu on foot anu upon ieaching
L'Amicale ue Poit Louis, he saw a ieu cai paikeu in
fiont of Lai Nin iestauiant.
xi. Be ieacheu L'Amicale at aiounu 18 Su - 18 4S.
xii. Be saw Nounou, Bb, Zulu anu Fico uamage cais.
xiii. Be saw Fico pouiing petiol onto one of the cais.
xiv. Be saw Nounou, Bb, Zulu anu Fico set fiie to the cai.
xv. Be saw a motoicyclist who appioacheu Nounou anu
showeu the contents of his iucksack to the lattei.
xvi. Be saw that the iucksack containeu Nolotov cocktails.
xvii. Be heaiu Nounou oiueiing the motoicyclist to thiow
the Nolotov cocktails at L'Amicale.
xviii. Be saw the motoicyclist huiling the Nolotov cocktails.

!#3 R) C5,:, an in extiemis anu veiy contioveisial witness ueponeu, in chief, to
the effect that he allegeuly saw the following:

i. Be paikeu his cai in fiont of the entiance of L'Amicale anu
went to have uinnei with his ielatives in Shamping
Restauiant which is locateu next to L'Amicale.
ii. At some point in time he heaiu noise coming fiom the
coinei of Emmanuel Anquetil anu Royal Stieet .
iii. Be left the iestauiant to go check up on his cai.
iv. Be stoou opposite L'Amicale on Royal Stieet wheie he saw
Fico anu Zulu uamaging anu setting fiie to his cai.
v. Be noticeu Nolotov cocktails being huileu at L'Amicale.
vi. Be went back to Shamping Restauiant anu then left in the
cai of one of his ielatives.
C" ,"*&T Piioi to his ueposition in Couit, Ni. Li Tung hau
given a statement to the police on the 24
th
Nay 1999
86
wheieby he stateu that he lost his cai in the inciuents
which occuiieu at L'Amicale but that he uiu not peisonally
witness any of the inciuents.
Be nevei implicateu Zulu anu Fico until aftei the Assizes
case hau staiteu. No iuentification pioceuuie hau been
caiiieu out but insteau he was maue to make a uock
iuentification of Zulu anu Fico at the Assizes. In a juugment
ueliveieu by the Couit of Ciiminal Appeal, it was iuleu that
the testimony of Ni. Li Tung in iespect of the uock
iuentification ought to be uisiegaiueu.

12S. Finally, theie was also witness a+$%)%% 0&&#L5^ who ueponeu
uuiing examination in chief that Fico allegeuly came to buy Rs. 1u
woith of petiol at Cauamally petiol station.

124. Bowevei, in his fiist statement given to the police on the 1S
th
}uly
1999, the saiu Khalill Peeibux stateu
1S
in iespect of those who
came to buy petiol that ]#7 /&5 %7**( 5& ;&**( 6$#7:*(5 '& *$ #7
/7:0 %&/&U( 0(%7**7$+0( _7++(Z F7++( 8$D:0( #(#( #7 /&5 +$
0(#&0>:(0Z W

12S. Be explaineu uuiing his ueposition at Assizes the ciicumstances in
which he was maue to give the seconu statement wheieby he
implicateu Fico. Be explaineu how the police tolu him ](*&* %,&*%(
8(0#(0 '& 6&*5W anu how he was scaieu.

126. At the Assizes, witness Peeibux aumitteu having spoken the tiuth
in only one of his statement. Be was cleaily not a tiustwoithy oi
ieliable witness.

127. The mateiial eviuence foi the piosecution iesteu theiefoie solely
on the eviuence auuuceu by witnesses Azau Thupsee anu Louis Fan
Fong Li Tung. An analysis of theii testimony will be maue in the
couise of the next two chapteis. Suffice it to say at this junctuie
that, Azau Thupsee cannot by any stietch of imagination be

15
At folios 116512 - 116513
87
believeu anu that the Ciiminal Couit of Appeal has iuleu that the
uock iuentification of witness Li Tung ought to be uiscaiueu.

128. As iegaius the eviuence of the NI0 officei, it is not uisputeu by
Nounou anu Bb that they weie at Khauafi Squaie at about 18 2u.

129. Apait fiom the thiee above nameu witnesses (Azau Thupsee, Li
Tung anu Khalill Peeibux) theie weie no othei witnesses calleu by
the piosecution who implicateu in one way oi anothei any of the
"#$%&'( J7:0Z

1Su. The accuseu paities uiu not uepone at the Assizes.

1S1. The summing up of the Piesiuing }uuge was the issue of much
contioveisy so much so that a giounu of appeal which was
common to the "#$%&'( J7:0 specifically auuiesseu the issue by
stating that the Leaineu }uuge's uiiections, language, inflammatoiy
tone as coulu be gatheieu fiom the uigital iecoiuing of the
summing up weie a cleai invitation to the juiy to believe Azau
Thupsee's eviuence anu to convict the Amicale Foui.

1S2. Befoie the appeal was heaiu, Counsel on behalf of the Amicale
Foui
16
, all moveu that a copy of the uigital iecoiuing of the Leaineu
}uuge's summing up be maue available to them.

1SS. The couit howevei, set asiue the motion anu iefuseu that a copy of
the uigital iecoiuing of the summing be communicateu to the
uefence.


1S4. 0thei matteis of concein at the Assizes weie, intei alia,:
a. That in view of the complexity of the tiial, the juiy, by
uelibeiating anu having theii lunch at the same time coulu
not, ), 5,6&# *(" +"5#;W have caiefully sifteu anu weigheu

16
Messrs R. DUnienville, Q.C, M. Sauzier, Rex Stephen, D. Kwan Tat, B. Desvaux de Marigny, S.
Oozeer, B Padiachy, S Bhukory and Miss A. Rambaruth.
88
the eviuence piesenteu to them anu examineu all the
complex issues iaiseu by the piosecution, the uefence anu
those placeu befoie them by the Leaineu }uuge.

b. That the Leaineu }uuge faileu to uiiect the juiy that fiom
the outset the police uiu not conuuct a faii anu impaitial
investigation, especially by failing to investigate anu veiify
at the appiopiiate time, the alibis of the "#$%&'( J7:0
mentioneu in theii iespective uefence statements to the
police; anu that theii failuie to secuie the items of clothing
woin by the "#$%&'( J7:0 on 2S
iu
Nay 1999 foi
examination by the Foiensic Science Laboiatoiy with a
view to eithei assuiing theii piesence at the scene of fiie oi
eliminating them as suspects, especially as the "#$%&'( J7:0
weie in police custouy.

c. That the Leaineu }uuge misuiiecteu the juiy when he
stateu that, Counsel being piesent at the iecoiuing of the
statements of the "#$%&'( J7:01 no fault shoulu theiefoie be
founu with the police who uiu not secuie the items of
clothing woin by the Amicale Foui on the mateiial uate foi
fuithei examination by the FSL.

u. That the Leaineu }uuge misuiiecteu the juiy by telling
them that theie was no neeu to piobe whethei the police
hau faileu to act faiily by not checking the alibis iaiseu by
the Amicale Foui anu by not collecting theii items of
clothing foi foiensic analysis anu that this issue shoulu not
clouu theii uelibeiations.

e. That the Leaineu }uuge misuiiecteu the juiy in law when he
conveyeu to them that collection by the police anu
examination of clothes by the FSL anu the veiification of
alibis was not impoitant, as accoiuing to him, it coulu only
bolstei the piosecution's case.

89
f. That in view of the uubious eviuence on iecoiu, the
waining of the Leaineu }uuge to the juiy about the neeu foi
coiioboiation was giossly inauequate.

g. That the Leaineu }uuge was wiong to convey to the juiy
that witness Azau Thupsee uiu not have an axe to giinu oi a
puipose of his own to seive by giving eviuence foi the
piosecution anu implicating the Amicale Foui in the offence
chaigeu.

h. That the Leaineu }uuge shoulu have given a cleai waining
to the juiy about the uangeis inheient in the testimony of a
witness such as Azau Thupsee who hau so often
contiauicteu himself, who hau pieviously stateu unuei
solemn affiimation befoie othei Couits anu to the Police
anu othei peisons that the Police hau beaten him to foice
him to implicate the Amicale Foui anu who hau also stateu
in Couit on a motion foi bail in a piovisional chaige of
peijuiy against him that he hau not lieu at Pieliminaiy,
meaning that the Amicale Foui weie not involveu in the
case.

i. That the Leaineu }uuge was wiong to concluue his
summing-up to the juiy by telling them that the eviuence of
Azau Thupsee was "unsatisfactoiy but not unwoithy oi
unieliable ", thus usuiping the functions of the juiy.

j. That the Leaineu juuge faileu to uiiect the juiy to the fact
that the eviuence of witness vinissen Abel - a jouinalist of
L'Expiess newspapei - was to the effect that Azau Thupsee
spoke fieely to him on 1u
th
}une 1999 to uenounce police
biutality. 0n the contiaiy, the Leaineu }uuge piesenteu a
one-siueu anu incomplete pictuie of Ni. vinissen Abel's
eviuence.


90



k. In iespect of Witness Li Tung, the Leaineu }uuge faileu to
give a cleai waining to the juiy to exeicise caution befoie
acting on the unsuppoiteu eviuence of Ni. Li Tung,
especially when theie was eviuential basis to suggest that
the eviuence of witness Li Tung may be unieliable.

l. The Leaineu }uuge was not faii in his assessment of the
conuitions in which Ni. Li Tung maue his obseivations on
2S
iu
Nay 1999 anu faileu to highlight the weaknesses anu
contiauictions in the iuentification eviuence of Ni. Li Tung.

m. The Leaineu }uuge faileu to uiiect the juiy as to the glaiing
uiffeience between the veision of Ni. Li Tung anu that of
Azau Thupsee on the following -

- The length of haii of Fico.
- The numbei of people befoie L'Amicale
- The time the motoicyclists allegeuly came neai
L'Amicale

1SS. The above aie only a few of the numeious issues that uiew
concein anu that aiose at the Assizes.

1S6. The next two chapteis will now auuiess in specific the eviuence of
witnesses Azau Thupsee anu Li Tung.








91
Chapter 10: The Azad Thupsee saga

1S7. On the 2
nd
June 1999, Azad Thupsee was arrested for the charge of
Arson causing death at LAmicale de Port-Louis.

1S8. He signed various statements in the month of June 1999, which
incriminated the Amicale Four. Azad Thupsee explained that he saw a
small crowd gather around a red Proton Wira, registration 3211 0C 96
at Khadafi square, in which Imran Sumodhee alias Mounou was seated
in the driver seat and his younger brother, Khaleel Sumodhee alias
Bebe was seated next to him in the passenger seat.

1S9. This witness changed his account of events of several occasions:


















92
How he changed versions:


This is what Azad Thupsee publicly stated as regards to his visit with Me.
SHAKEEL MOHAMMED on the 10
th
June 1999
Thupsee stated having gone to see Me. Shakeel Mohammed in the company of his
brother Reza and one Krishnen Darmalinghum, an employee of the Sumodhee to
explain how he was subject to police brutality and was coerced by the police to
implicate the 4 accused parties in the arson of lAmicale. Me. Mohamed
accompanied Thupsee to Line Barracks but a declaration could not be made.


10
th
June- VINISSEN ABEL JOURNALIST
Thupsee repeated to Mr. Abel, journalist at LExpress newspaper, what he had told
to Me. Shakeel Mohammed. Thupsee repeated that he was forced by the police to
implicate the four accused parties. Mr. Abel caused an article to be published on the
following day to that effect.


11
th
June- Me. RAMA VALAYDEN
Again, Azad Thupsee publicly accepted the fact that he had gone to the office of
Me. Rama Valayden on the 11
th
June 1999 to seek advise as to the steps to be
followed since he had been subjected to police brutality and forced to implicate the
Amicale Four. Me. Valayden asked him to write it all down and to come and see
him back on Monday 14
th
June 1999.


3
rd
June 1999: IMPLICATING the Amicale Four
After being himself arrested in the Amicale case, Thupsee provided details of how
allegedly Mounou was seated on the window sill of the car and shouted anou alle
craze MFA in Khadafi Square. This eye witness went on to state that how the
Amicale Four participated in the arson on the 23
rd
May 1999. Soon after he had
made the allegations, Thupsee was released from police custody.
93
12
th
13
th
June 1999: EXCULPATORY DOCUMENT
In a document, annexed to this report
17
, which bears the signatures of both Azad
and Reza Thupsee, they explain how they never saw the Sumodhee brothers at
LAmicale and how they have been forced to implicate them.


14
th
June 1999: Me. Manoj Appado
More complaints of police brutality made to Me. Manoj Appado.




01
st
December 1999: PRELIMINARY ENQUIRY
Azad Thupsee yet gave another version. Thupsee took the prosecution by
surprise when he explained that he cracked under police pressure and was
coerced into signing statements incriminating the four innocent convicts.












17
Annexe 8
14
h
June 1999: SEQUESTRATION ALLEGATION
Thupsee gave a statement to the police expressing that he had in fact been
sequestrated by two other Sumodhee brothers (who were not implicated in the
Amicale case), one K. Darmalinghum and a fourth person. His version was that he
had been sequestrated and was forced to exculpate the Sumodhee in the aforesaid
document. A sequestration case was eventually lodged against the four persons.
94
14u. When confionteu with the police statements he signeu in }une
1999, Thupsee saiu that he was not awaie of the contents of the
statement. Thupsee maintaineu that he was foiceu to sign the
statements in }une 1999 anu that he was not awaie of the contents
of same.

141. At that stage, the piosecuting Counsel ueclaieu him as a +";*)%&
()*,&;; anu a peijuiy waining followeu. Bespite the peijuiy
waining Thupsee maintaineu that he was foiceu to inciiminate the
foui accuseu paities. As he maintaineu this new veision Thupsee
was chaigeu with peijuiy by the Nagistiate.

142. Aiiesteu, hanu cuffeu anu sent to custouy on iemanu, Thupsee was
fiist uetaineu at Alcatiaz, a piison notoiious foi police biutality
that causeu the ueath of Kaya only S months eailiei. A week latei
Thupsee was tiansfeiieu to Beau Bassin Piison, then sent to
uianue Rivieie Noith West Piison. This was the fiist time Thupsee
seiveu time behinu bais anu it all happeneu in a shoit lapse of
time. 0n the uS
th
of }anuaiy 2uuu Thupsee was gianteu bail foi the
offence of peijuiy aftei having been uetaineu In S uiffeient
piisons.

14S. At the time Azau Thupsee was veiy young anu about to get
maiiieu but he was now in a piecaiious position facing potential
seveie legal consequences. Tiemenuous piessuie suuuenly iesteu
on the shoulueis of Azau Thupsee. Bowevei, when the peijuiy case
was calleu, he pleaueu Not uuilty.
144.


06/11/99: ASSIZES PROCEEDINGS
Thupsee was again called to depone. This time Azad Thupsee stated that what he
persistently claimed to be the truth during the Preliminary Enquiry was in fact false
and implicated the Amicale Four.


95
14S. In fact just befoie Azau Thupsee began to uepone, he was offeieu
immunity fiom penuing anu oi futuie piosecution by the BPP.

146. This man who once succumbeu to piessuie was faceu with a
uifficult uilemma, whethei to maintain what he has peisistently
claimeu with numeious peisons anu on numeious occasions to be
the tiuth oi to simply go back to his oiiginal veision.

147. Be pioceeueu with ueponing unuei immunity claiming that his
oiiginal veision was the tiuth.


























96

STATEMENTS IMPLICATING
ACCUSED

SEQUESTRATION CASE

STATEMENT 02/06/99:
ene peu ti moment aprs ene groupe dimoune
finne entoure ene lauto qui ti arreter dans coin la
rue Pamplemousses et Magon cot robot
moi et tous mo banne camarade qui mo fine
nommer la fine approche cote lauto la. Ti eina ene
lauto rouge, proton wira so chauffeur ti Imran
Sumodhee qui appelle aussi Mounou et so frre
khalil qui appelle Bebe ti are li par devant.

STATEMENT 03/06/99
sa lauto privee No.3211 OC 96 mark Proton
Wira Couleur Rouge qui mo fine trouver dans la
cour derriere station Abercombrie mo reconnaitre
sa lauto qui mo fine mentioner dans mo lenquete
qui mo finne donne la police hier mercredi le 02
june 99

STATEMENT 03/06/99
Mounou ti assize lor la porte devant cotte
chauffeur et mo fine tende li ape dire qui zote ape
attende, nous alle craze MFA

STATEMENT 26/06 99
le 02/06/99 dans buro CID PL [n] mo ti donne
aine lenquete dans sa zaffaire la et samedi le
05/06/99 dans Buro CID PL (n) mo fine montrer la
police sa trios zommes qui mo ti dire dans mo
lenquete la qui mo conne zotte lor nom Mounou,
Bebe et Zoulou

Zoulou et FICO ensembles avek les autres
dimoun p crase 2 lauto qui ti devant LAmicale

STATEMENT 02/06/99
Mounou ti assize lors la porte devant cote
chauffeur mo tande li ape dire qui zote ape
attendre nous alle craze MFA

STATEMENT 53226
avant qui nous rentre dans la rue tourraine Fico
qui mo conne li bien li ti ape reste la rue Gorah
Issac vis a vis mosque ti approche moi et ti
dimande moi Rs.10 por acheter lessence et li ti dire
moi pou alle mette di feu
02 june 99 mo fine tanne Mounou dire nou alle
crase LAmicale?.


AZAD THUPSEE Conceded that:

He was aware that there was a fire at lAmicale

He was not present at lAmicale during the fire
Had sign the statements as a result of physical
abuse

He did not give the alleged sequestration
statement to the police on the 14th june 1999
but rather only signed it

In relation to the sequestration allegation he
stated that in fact he went camping with those
persons on several occasions in the past and that
in fact there had been no sequestration.


He confirmed that, in his statement dated 14
June 1999, the period of time during which he
stated that he was allegedly sequestrated he was
in fact free.

97

PRELIMINARY ENQUIRY

ASSIZES



Q: You signed the statement 02/06/99?
A: yes because I was under pressure from
police.
When statements put to THUPSEE, his answers
are:
This does not remind me of anything
I dont remember this
mo pas finne donne sa lenquet la, banla fin force
moi signer.
I did not give a statement. I was forced to sign
the papers so as to be free.
I dont remember anything, they made me sign
those papers
I did not give such a statement to the police
AZAD THUPSEE DECLARED HOSTILE BY
PROSECUTOR
Q: in your statement you said you saw Fico
throwing petrol on a parked car which was next to
LAmicale entrance?
A: I did not give any statements to the police.
Q: when we are talking about papers it related to
the identification of the car?
A: I was shown the car and asked whether I knew
it. I replied in the affirmative.
Q: on the 25/6/99 after you had been released you
gave a statement to the police whereby you
recognized and identified accused no.1,2,3 in
relation to Amicale case?
A: 2 CID officers caught hold of me and told me
we shall bring you before the person as you passed
by you make a sign with your head.
Q: on the 14 June 99 at about 15:30 you identified
accused no.4 one called FICO in relation to
incident at Amicale?
A: The CID Officer came to fetch me at home, do
not Know which day and date. My mother was at
home. One Officer CID told my mother Kala
nous prend ou garcon pou amen lie ne ti moment
I boarded the car and went with them.
AZAD THUPSEE GIVEN A PERJURY
WARNING
when I alighted the bus at Plaine Verte I went to
eat and drink
CID Officers asked me if I knew FICO if I knew
where he lives. I had a friend who was working at
the factory with me, he was living in the yard of
Fico. I told the CID officer he lives at Gorah Issac
Street opposite the mosque.

Azad Thupsee never inculpated the Amicale
Four at the Preliminary Enquiry and was
eventually arrested for Perjury.


To justify his stand in the course of the
Preliminary Enquiry Azad Thupsee said:

Mo ti obliger faire sa parski banne fami
Sumodhee ti p mette pression lor moi. Zotte ti p
dire moi mo bizin faire sa. Meme dailleur li fine
dj fair dimounes sequester moi ek mo frer,
mo ti dans zot control en dehors, ceki zot dir
moi faire mo bizin faire, zot ene banne dimoun
dominairMoi ek mo bannes camarades mo
fine peur, mo fine obliger aller, tension banal
pas conner ki kapav fer moi.

Azad Thupsee then stated, in contradiction to
his previous statements the following: mo na
pas ti cause menti le temps mo ti deposer dans
lenquete preliminaire

Q: Eski ou ti dire la Police fini montrer, oune
alle monter la police lendroit, eski ou ti dire sa
parole la dans ou lenquete qui la police ine
prend qk ou aprs ou fine montrer la police
cotte ou ti ete, le temps ou ti trouve Fico ek
Zulu ap craze lauto avec roches, pousse zotte
pou bloque lentre lAmicale, arose lessence
et mette dife et aprs place divant lAmicale
cotte mo ti trouve Mounou et Bebe ape avoye
roches lor lAmicale? Ou ti dire sa?

A:Dans qui lenquete sa?
Q: Le 14 Juin, 1999?
A: mo pas rapelle.

Q: Vers qui lheure ou ti arrive cotte lAmicale?
A: Capave vers les 6 heures et demie ou sept
heures moins quinze.


98
The physical impossibilities of Azad Thupsee

148. The fiist spot wheie witness Azau Thupsee allegeuly saw the
Sumouhee biotheis in Poit Louis on the 2S
iu
Nay 1999 is at
Khauafi Squaie. The Sumouhee biotheis weie in a pioton wiia cai.

149. Bowevei his testimony as to what he saw anu heaiu at Khauafi
Squaie cannot stanu goou because if Azau Thupsee was neai the
cai oi within heaishot of the cai, as he claimeu to have been, he
woulu have ceitainly seen the occupants seateu at the back of the
cai the moie so that the saiu occupants weie known to him as he
was staying at the place of the Sumouhees.

1Su. A point of concein is that he hau allegeuly been following a ciowu
fiom Khauafi Squaie to New Couit Bouse but apait fiom his gioup
of fiienus anu thiee of the foui convicts, he uiu not know oi
iemembei any othei peison who was in the ciowu. Suipiisingly,
his biothei Reza Thupsee who was with him uiu not notice anyone
eithei.

1S1. The seconu spot fiom wheie Azau Thupsee allegeuly saw the
Sumouhee biotheis was in fiont of the New Couit Bouse. Elements
of conceins as iegaius to this aie:

i. Fiom wheie he was allegeuly stanuing, it was not
physically possible to obseive what was happening in
fiont of Chanceiy Bouse because of the topogiaphy of
the aiea.

ii. It was equally physically impossible foi witness Azau
Thupsee to heai anu iecognise, in a iowuy anu iiotous
ciowu of about 2uu peisons, accoiuing to him, the
voice of Nounou even if the lattei was shouting.



99
iii. If the ieu pioton wiia of the Sumouhees was
effectively, as stateu by Azau Thupsee, paikeu
opposite New Couit Bouse builuing, Azau Thupsee
who allegeuly stoou at that veiy spot coulu not
possibly have faileu to see the othei occupants of the
cai when they ietuineu to the cai. Azau Thupsee
allegeuly saw that cai effecting a 0-tuin on Pope
Benessy stieet anu leaving.

iv. It is suipiising that Azau Thupsee misseu the
inciuents (Blanche Biigei anu New Couit Bouse)
which happeneu acioss the ioau fiom wheie he was
stanuing (i.e 4 - S meties in fiont of him) but yet
manages to see what was happening in fiont of
Chanceiy Bouse which was at least 2S meties fuithei
uown the ioau fiom wheie he was stanuing anu at the
bottom of a steep slope which woulu not be in his line
of vision. Auueu to that, it was uaik anu theie was a
ciowu of about 2uu peisons.

1S2. Yet, anothei point of concein is the fact that on his way back, when
he tuineu into Bauphine stieet anu ieacheu the coinei of
Bauphine anu Sii William Newton stieet, he allegeuly heaiu 'banes
vities p ciazei uans batiment Emmanuel Anquetil' (bieaking of
winuow panes in the Registiai Builuing) which is on the othei siue
of the block anu completely out of sight fiom wheie he allegeuly
was. Yet, he knew piecisely which builuing was being attackeu.

1SS. Fuitheimoie, befoie tuining into Bauphine Stieet, it is
questionable how Azau Thupsee completely misseu out on the
most obvious of inciuents so fai i.e the inciuent anu fiie in+ fiont of
Pope Benessy Police station. Even when Azau Thupsee ieacheu the
coinei of Sii viigil Naz anu Sii William Newton stieet, he fails to
see the inciuents in fiont of Pope Benessy police station (only
meties away fiom him). In fact, oui enquiiy has ievealeu that Azau
Thupsee uiu in fact witness those inciuents but if he hau ievealeu
100
in his statement to have witnesseu the saiu inciuents he woulu not
have been in a position to testify that he allegeuly saw the stait of
the inciuents at L'Amicale
18
.

1S4. The thiiu anu final spot fiom wheie Azau Thupsee allegeuly saw
the Amicale Foui was at the coinei of Royal anu Emmanuel
Anquetil Stieet
19
. 0ui enquiiy has ievealeu that it was physically
impossible foi Thupsee to see anu heai, amiust the iowuy anu
iiotous ciowu, the fact that it was uaik (to note: the sunset on the
2S
iu
Nay 1999 was at 17 S9
2u
), the noise anu the geneial huily-
buily what he claimeu to have seen anu heaiu, intei alia:

- The faces of the "#$%&'( J7:0Z
- What was allegeuly being saiu between the Amicale Foui.
- That a motoicyclist allegeuly stoppeu next to Nounou.
- What the motoicyclist allegeuly saiu to Nounou.
- That the motoicyclist hau a backpack. It is to be noteu
that Azau Thupsee faileu to notice the coloui of the
backpack but manageu somehow to see what was insiue
that backpack.
- What was insiue the backpack of the motoicyclist. Be
stateu that he allegeuly saw bottles.
21

- Betails of the contents of the backpack: such as bianus of
the uiffeient bottles.
- The fact that the bottles weie allegeuly Nolotov cocktails.
- The fact that the saiu Nolotov cocktail containeu sanu,
petiol anu a wick.
- What Nounou allegeuly saiu to the motoicyclist.


18
See chapter entitled Time is of the essence
19
See Figure 1 at the end of the chapter.
20
http://www.timeanddate.com/worldclock/astronomy.html?n=201&month=5&year=1999&obj=sun&a
fl=-11&day=1
21
We have visited the locus and performed tests on several occasions which demonstrated that Thupsee
could not possibly have seen what was inside the backpack on the motorcyclist even if he did see the
motorcyclist.
101
1SS. Bespite seeing all of the above uetails, Thupsee faileu the most
obvious of uetails: the items of clothing woin by the Amicale Foui
anu theii coloui.

1S6. 0ui enquiiy has also ievealeu that it was physically impossible foi
a peison who was seateu on a motoicycle oi autocycle
immeuiately in fiont of the Amicale builuing to light anu
successfully launch a Nolotov cocktail into the fiist flooi of the
Amicale builuing.

1S7. 0ne veiy inteiesting fact which has been ievealeu upon a sciutiny
of what happeneu at the ieconstiuction exeicise of the 8
th
}une
1999 is that Azau Thupsee at no point in time inculpates Bb in
the aison of Amicale.
22
Be showeu the spot fiom wheie he was
stanuing anu fiom wheie he saw:

(i) Bb anu Nounou allegeuly 'flinging stones at
L'Amicale'
(ii) Fico anu Zulu allegeuly uamaging cais anu
setting fiie to the cais
(iii) Nounou allegeuly giving instiuctions to a
motoicyclist to thiow 'pints' at L'Amicale
which the motoicyclist uiu anu as a iesult of
which L'Amicale caught fiie.

1S8. Even if it is assumeu that the flames fiom the cais which Zulu anu
Fico hau allegeuly set on fiie contiibuteu to Amicale catching fiie,
Bb has not been mentioneu by Azau Thupsee of having uone
anything at all which might have causeu Amicale to catch fiie.







22
Annexe 9
102
1S9. Fuitheimoie, anothei uamning pioof that Azau Thupsee hau been
lying in Couit was as iegaius to the cais which weie on fiie:

- Azau Thupsee stateu that two cais weie iolleu up
to block the entiances of the Amicale builuing.
Accoiuing to Thupsee one cai was useu to block
the entiance along the Royal stieet while the othei
was useu to block the entiance along the Emanuel
Anquetil Stieet.

- Bowevei, a pictuie piouuceu by Ni. Chetty, piess
photogiaphei showeu that the two cais weie in
fact on fiie on Royal stieet. This is in complete
contiauiction with the eviuence of witness Li Tung
as well.

- This is the blatant pioof that Azau Thupsee hau
been lying in Couit since it cannot be that aftei the
cais weie placeu at the entiances of the Amicale
builuing, they weie ietuineu back to Royal stieet
foi piess photogiaphei Ni. Chetty to take the
snaps.

- Fuitheimoie, anothei pictuie taken by Ni. Chetty
cleaily shows that the uistance between the
buining cai anu the entiance of Amicale was at
least the wiuth of the pavement (about 2 meties at
that paiticulai spot) which again gives Thupsee
the lie when the lattei stateu that the cai in fact
blockeu the entiance of Amicale.

- Finally, the eviuence auuuceu by SP Noel anu PC
Boounah is to the effect that two cais weie on fiie
on Royal Stieet anu one was on fiie on the coinei
of Emanuel Anquetil Stieet anu Royal Stieet. This
again uemonstiates that Thupsee hau been lying in
103
F.5-+ 2%,1 %, '+)+,7 +%)+ ) ()- <3.(=,7 +%, ,1+-6
./ +%, G0&()3, <5&37&1> .1 [0)15,3 G145,+&3
J+-,,+#

"LW# I.51.5 )17 T,<, 2,-, (.1:&(+,7 JX`[`i .1 +%, ,:&7,1(, ./ GK)7
$%5*',,#



104
Chapter 11: Witness Li Tung

161. The testimony of Ni Louis Fan Fong Li Tung, Chief Bealth Inspectoi
at the Nunicipality of Beau-BassinRose-Bill sealeu the fate foi Fico
anu Zoulou (Then Accuseu Nos. S anu 4).

162. Theii lives anu that of theii families foievei changeu as a iesult of
the testimony of Witness Li Tung. What follows, is a ciitical
assessment of the ciicumstances which leu to the testimony anu the
testimony itself.

16S. Witness Li Tung gave a statement to the police on the 2S
th
Nay 1999.
In that statement he stateu that on the 2S
iu
Nay, he left his cai in
fiont of ]hW"#$%&'(W, went to have uinnei at a iestauiant anu came
back one houi latei to finu his cai completely buint.

164. G, /$.* (+&, V5&;*)",&6 LK *+& -"%).& $L"5* (+"2 +& ;5;-&.*&6
."5%6 +$E& L5#,* +); .$#W +& ;*$*&6 *+$* +& 6)6 ,"* ;5;-&.*
$,KL"6K L&.$5;& (+&, +& .$2& L$.S /#"2 *+& #&;*$5#$,* +);
.$# +$6 $%#&$6K L&&, L5#,* 6"(,
8I
anu that he hau not seen any
inciuent.

16S. Baseu on his statement, Witness Li Tung was initially of no piobative
value foi the piosecution because he uiu not see anything mateiial.

166. This is why, although his name was on the list of witnesses foi the
piosecution, he was not calleu to uepone at the Pieliminaiy Enquiiy.

167. At the Assizes his name appeaieu again on the list of witnesses but
he was tieateu as an unimpoitant witness until the 1S
th
Novembei
2uuu when he was calleu to give eviuence.


23
mo pas suspecter personne, mais mo sur qui li enan relation avec ce qui ti enan sa nuit la lor
lAmicale

105
168. A couple of uays piioi to that, Ni. Li Tung met a high ianking police
officei anu stateu to him that he hau moie to say about inciuents of
the 2S
iu
Nay 1999.

169. That was when he gave a statement uetailing that he allegeuly saw
Zulu anu Fico setting fiie to his cai. That statement came moie than
a yeai anu a half aftei the inciuent, on the eve of his ueposition anu
was in complete contiauiction with his fiist statement.

17u. The contioveisy with Ni. Li Tung staiteu with the uate at which he
claims to have been to the police station to give his statement. In
couit, he peisistently maintaineu that he gave his statement to the
police on the uay following the aison at L'Amicale, that is on the 24
th

Nay 1999 aftei meeting with his legal auvisei, Sii Bamiu Noollan
Q.C.. Bowevei, Sii Bamiu Noollan Q.C, who was calleu as a witness
on behalf of Accuseu No. S stateu that in fact witness Li Tung came to
see him between the 26
th
anu 28
th
Nay 1999.

171. The only thing in common between the statement that Ni. Li Tung
fiist gave to the police anu his testimony in Couit on 1S
th
Novembei
2uuu was that:

a. 0n the fateful night, he went to have uinnei in
<,$*&+7E* anu left his cai in fiont of 'L'Amicale'.

b. Be ieacheu the iestauiant at about 18 4S to 19 uu aftei
leaving his cai iight in fiont of the entiance of
'L'Amicale' on Royal Stieet.

c. Piioi to coming to the iestauiant, he stoppeu at his
biothei's place at Naie uiaviei, some 2u minutes uiive
away fiom Poit Louis.



106
172. The seconu contioveisy iegaiuing witness Li Tung was as iegaius to
how he came to the conclusion that he ieacheu L'Amicale aiounu 18
4S - 19 uu. Be stateu that he knew he hau left his biothei's place at
Naie uiaviei aiounu 18 2u - 18 Su since he heaiu the 18 Su news
on the iauio uuiing which news he leaint about the inciuents which
have occuiieu aftei the match.
24


F",*#$6).*)",;T Now, it is a fact that in Nay 1999, the
only iauio station opeiating in Nauiitius was that of the
Nauiitius Bioaucasting Coopeiation. C+&#& (&#& ,"
-#)E$*& #$6)" ;*$*)",; $,6 "5# &,V5)#K +$; #&E&$%&6
*+$* ), 7<<<W *+&#& (&#& ," ,&(; ), &)*+&# [,:%);+W
M#&,.+ "# F#&"%& $* 7= I9 ", $,K "/ *+& .+$,,&%; "/
*+& !DF3 M5#*+&#2"#&W ()*,&;; R) C5,: ."2-%&*&%K
/$)%; *" 2&,*)", *+$* $ -"%).& "//).&# ($; :)E),:
),;*#5.*)",; *" 6)E&#* *#$//).3

17S. At the assizes, he explaineu how allegeuly:

a. aftei paiking his cai in fiont of the entiance of L'Amicale,
he then pioceeueu to Shamping iestauiant wheie he
waiteu foi his ielatives to aiiive anu then went upstaiis
wheie they bookeu a table neai a winuow oveilooking
Emanuel Anquetil Stieet.

b. Theieaftei, befoie him oi his ielatives hau the time to
oiuei, he heaiu noises coming fiom outsiue anu lookeu
thiough the winuow to see what he uesciibeu as a ciowu
which has gatheieu at the coinei of Emanuel Anquetil
anu Royal Stieet which he thought was a piocession oi
something of the like.


24
Jai quitt (Mare Gravier) vers les 6.20 heures / 6.30 heures parce que en cours de route jai mis la
radio. On est en train de donner les informations qui commencent a 6.30. Je ne sais pas quelle epoque,
en tout cas jai ecout les informations.
107
c. Be noticeu that a majoiity of the people in the ciowu
weie weaiing gieen anu white tiacksuits.

u. Be then ueciueu to go see what was going on since his cai
was paikeu in that aiea but as he was going out, the
ownei of the iestauiant auviseu him not to go out since it
was not safe. Be went out nonetheless.

e. The fiist thing that he saw when he came out of the
iestauiant was that on his iight siue, on Royal Stieet, a
ciowu of about Su people with some of them stoning
'L'Amicale'.

F",*#$6).*)",T It is inteiesting to note at this stage the
enoimous uiffeience between the numbei of people
piesent outsiue L'Amicale accoiuing to Azau Thupsee anu
accoiuing to Li Tung.

f. Be ciosseu the ioau anu walkeu ovei to Royal Stieet to
get a bettei view of wheie his cai was paikeu. Be then
ciosseu Royal Stieet, ciosseu Emanuel Anquetil Stieet so
that he was now stanuing opposite 'L'Amicale' on the
othei siue of the ioau fiom wheie his cai was paikeu.

g. Be saw a few people taking out theii cais fiom that aiea
anu when he attempteu to go anu get his cai, he noticeu
what he uesciibeu as the leauei of the gioup: a young, tall
guy who was of a light complexion.

h. Be askeu that peison not to uamage his cai but
immeuiately afteiwaius anothei guy who he uesciibeu as
shoit, thin with thick haii useu an iion bai to smash his
ieai winuscieen.



108
i. Be maue a few steps back anu saw the tall guy tiying to
uneaith a pole. At about the same time, the othei guy
bioke the uiivei's winuow of his cai, took something out
of a bag anu thiew it in the cai. Be then maue a ceitain
gestuie anu flames staiteu to iise fiom his cai.

174. Anothei majoi issue which aiises heie is as iegaius to the
uesciiption of Fico. This is an extiact of his cioss examination by Ne.
I. Namoojee, Counsel foi Fico, on this paiticulai issue:

'Q. vous avez uit hiei losque l'avocat ue la
pouisuite vous a pos ues questions, que
vous avez vu un gianu monsieui qui
iessemble a un mulatie , est-ce que
vous pouvez uiie a la Coui comment
etaient ses cheveux ce soii la .
A. Le cheveux noimal

Q. Qu'est ce que vous compienez pai
'cheveux noimal' .
A. Il n'a pas ue cheveux coups a la biosse,
c'est pas touffu comme ceitaines
peisonnes ont, c'est juste.'

17S. Be stateu that Fico hau 'noimal haii' anu when askeu what he meant
by noimal he saiu that he hau shoit haii.

176. 0ui enquiiy has ievealeu that at the time Fico hau shouluei length
haii. This is confiimeu by the uesciiption of Fico enteieu on his
peisonal file at the piison when he was incaiceiateu just weeks aftei
the 2S
iu
Nay 1999.

C" ,"*&T Fuitheimoie, enquiiy ieveals that Fico was not
in a habit of tying his haii which means that any
movement, even the slightest, will show the haii flowing
in the uiiection oi sometimes in uiffeient uiiections.
109

177. Ni. Li Tung then stateu that a gioup of people togethei with the tall
guy oveituineu the cai that was next to Paiis Stuuio using the pole
that the tall guy just uneaitheu.

F",*#$6).*)",T Thupsee who was allegeuly, at that same
time, stanuing a few meties away fiom Li Tung uiu not
notice any of this. Is anyone of them speaking the tiuth.

178. Accoiuing to him, shoitly afteiwaius, the othei peison who set fiie
to his cai thiew something, which he hau in his hanu, on the balcony
of the fiist flooi of the builuing:

].R _RRR` 5C ]PW?FG N? ]P? H@PF KCEG?F f
"Z ]BkC " %( #7#(*+ LW&$ U: '& /(057**( >:$ (5+ %7:0+(1 >:$ (5+
#&$D0(1 >:$ & #$5 '( 8(: 6&*5 #& U7$+:0(1 L( U7$5 >:W$' '&*%(
:*( &88&$0( 6&*5 5& #&$*Z =' '&*%( %& 5:0 '( /0(#$(0 (+&D( 6:
;&+$#(*+ZW (sic)
.R +M MCDN? PD? CKKCEA? FPA f
A. Sui le balcon.'

H"5L%& F",*#$6).*)",T Li Tung stateu that the Nolotov
cocktail hit against the balcony. If that was the case why
weie no iemnants of Nolotov cocktail founu on the balcony
oi on the ioau.

Fuitheimoie, accoiuing to Azau Thupsee, the Nolotov
cocktail was thiown fiom someone sitting on a motoicycle
anu who followeu the oiueis of Nounou.

179. Be then ueciueu to go back to the iestauiant anu went back the
same way that he came. When he was next to 0N0 iestauiant, he
noticeu many motoicycles which hau been set on fiie in fiont
L'Amicale's exit on Emanuel Anquetil Stieet. Note that he uoes not
see any cai as allegeu to be theie by Azau Thupsee.

110
18u. At that point in time, he allegeuly tuineu aiounu anu saw a gioup of
peisons pushing a cai which was upsiue uown on Royal Stieet fiom
the uiiection of Lai Nin iestauiant towaius L'Amicale. The cai was
then pusheu in between the cai which was in fiont of Paiis Stuuio
anu his cai which was in fiont of the entiance of Amicale on Royal
Stieet.

'(.) A ce moment la, je vois un gioupe ue peisonnes en
tiain ue poussei une voituie qui soitait uu cote ue Lai Nin
poui emmenei uevant L'Amicale. M),$%&2&,*W )%; ",* -5
-"5;;&# %$ E")*5#&W b5;*& $##)Ek ."22& ;) &,*#& 2$
E")*5#& &* %O$5*#& E")*5#& V5) &*$)* 6&E$,* 0$#);
>*56)"3O

F",*#$6).*)",T Accoiuing to Li Tung theiefoie, theie
weie two cais which weie oveituineu (the cai in fiont of
Paiis Stuuio on Royal Stieet anu the cai which was
pusheu fiom the uiiection of Lai Nin iestauiant towaius
L'Amicale, on Royal Stieet). Bowevei, accoiuing to Azau
Thupsee, one cai on fiie was blocking the entiance of
L'Amicale on Royal Stieet while anothei cai was pusheu
to block the entiance of L'Amicale on Emanuel Anquetil
builuing.

181. Fuitheimoie, the testimony of Li Tung uoes not match what can be
seen fiom the pictuie which was taken by a piess photogiaphei at
aiounu 19 2u. That eithei means that Ni. Li Tung lieu, that the police
tampeieu with the eviuence anu pieces of eviuence oi that piess
photogiaphei Ni. Chetty lieu.

182. In any case, oui enquiiy has ievealeu that he coulu not possibly have
seen wheie the cai was pusheu to fiom wheie he was stanuing.

18S. Be then pioceeueu to go back to the iestauiant, met his family anu
they all went home in the cai of the ielatives.

111
184. The next moining, he went to 'L'Amicale' fiist to check out if his cai
was still theie, then he allegeuly went to seek legal auvice at the
office of a baiiistei.

F",*#$6).*)",T Sii Bamiu Noollan Q.C gives witness Li
Tung the lie on this anu states that in fact Li Tung came to
see him between the 26
th
anu 28
th
Nay 1999.

18S. Be then went to the police station wheie he stateu that he uiu not
see anybouy noi uiu he suspect anybouy iegaiuing the aison of his
cai.

4%$#2),: -"),*;T Q); #&$;",; :)E&, $* *+& 4;;)c&; /"#
+$E),: %)&6 *" *+& -"%).& $#& /&$# "/ #&-#);$% $,6
.",.&#,),: *+& ),;5#$,.& "/ +); .$#3 C+); 6"&; ,"* ;*$,6
*" #&$;",T

- If he feaieu iepiisal, why uiu he then come uepone at the
assizes.
- As iegaius the insuiance, he explaineu that he thought that
if he weie to say he saw the people who set fiie to his cai, he
woulu not be able to make an insuiance claim since the
inciuent woulu count as iiot. Bowevei the conveise is tiue: In
a case such as the piesent one, if nobouy was iuentifieu as
setting fiie to Li Tung's cai, the inciuent woulu be classeu as
iiot anu he woulu not get any covei fiom his insuiance.

186. 0ui enquiiy has ievealeu that in fact, Li Tung became awaie of that
fact which is why he came at the assizes anu stateu that he saw
people setting fiie to his cai. G* ($; YJR] *" L& $L%& *" 2$S& $,
),;5#$,.& .%$)23

187. 0ui enquiiy has ievealeu that in fact he was compensateu foi the
cai.

112
188. Ni. Li Tung was theiefoie a ciucial eye witness. Bowevei it neeus to
be taken into consiueiation that whatevei he claims to have seen
was in a veiy paiticulai context:

a. It was uaik.
b. Theie weie many people aiounu.
c. Theie was a iiotous situation.

G; !#3 R) C5,: *#5;*("#*+KX

189. Taking all of the above into consiueiation, it cannot, by any stietch of
imagination, be saiu that the ueposition of Ni. Li Tung is capable of
belief.

19u. A few moie examples of blatant lying by Ni. Li Tung aie woithy of
mention:

RK),: 5,6&# "$*+
]lZ h$5(_ & ,&:+( U7$S %( >:( U7:5 '$5(_Z
"Z h( /07;'(#(1 LW&$ /&5 /70+g #(5 U(00(5 /7:0 U7$0Z

lZ Q7:5 *W&U(_ /&5 /70+g U75 U(00(5m Q7:5 /70+(_ 6(5
U(00(5 m
"Z `7*1 L( *( /70+( /&5ZW

RK),: ), ;*$*&2&,*
]lZ c&*5 U7+0( /0(#$(0( (*>:(+( >:( U7:5 &U$(_ 67**g1
6&+&*+ '( MR O&$ -2221 U7:5 &U$(_ 6$+ #7 /&5 8$*( 570+$1
(5+A%( >:( %W(5+ U0&$ m
"Z < ](5+ /&5 U0&$ U7+0( I($D*(:0$(

lZ O&$5 U7:5 &6#(++(_ &U7$0 6$+ %& & '& 47'$%( m
"Z c&*5 'W(*>:(+( >:( LW&U&$5 67**g n '& /0(#$(0(
(*>:(+( m

lZ ):$
113
"Z ):$Z H+ /:$5 LW&$ 6$+ >:( L( 5:$5 0(+7:0*g :*( ,(:0(
+(#/5 &/0(5Z "/0(5 >:( L( 5:$5 0(*+0(g 6&*5 I,&#/$*D1
:*( ,(:0( +(#/5 &/0(5 L( 5:$5 0(+7:0*g1 & %( #7#(*+1
L( U7$5 #& U7$+:0( %7#/'(+(#(*+ ;0:'g(Z

lZ <& &:55$1 U7:5 &U(_ZZZZZ m
"Z )W?FG ICF HACE: ICAN? ]PE ZWCE NCN>b PD? Q@DD?
ICAGE?RW

RK),: *" *+& ),;5#$,.&
]lZ e$(0 '75>:( U7:5 6(/75(_1 '705>:( 'W&U7%&+ 6( '&
47:05:$+( U7:5 & /75g :*( >:(5+$7*1 (*+0( &:+0(5
0&$57*51 /7:0>:7$ U7:5 *W&U(_ /&5 6$+ '& Ug0$+g
/(*6&*+ +7:+ %( +(#/5 '&1 /(*6&*+ :* &* (+ 6(#$(1
U7:5 &U(_ 6$+ >:( U7:5 &U(_ /(:0 >:( 'W&55:0&*%( *(
U7:5 0(#;7:05( /&5 /7:+ U7+0( U7$+:0(Z H5+A%( >:W7*
/(:+ 5&U7$0 &:L7:06W,:$1 O7*5$(:0 h$ Y:*D1 '705>:(
U7:5 &U(_ 8&$+ :*( 6(%'&0&+$7* & 'W&55:0&*%(1 >:(''(
6(%'&0&+$7* U7:5 &U(_ 6$+ %7*%(0*&*+ U7+0( U7$+:0( m
"Z O(#( 6(%'&0&+$7* >:( LW&$ 67**g & '& 47'$%(1 /0(#$(0(
6(%'&0&+$7*Z

lZ <W(5+ & 6$0( m
"Z <W(5+ & 6$0( >:( L( 5:$5 0(+7:0*g :*( ,(:0( +(#/5
&/0(5 5:0 '( '$(:1 #& U7$+:0( & %7#/'(+(#(*+ ;0:'gZ

lZ c7*%1 U7:5 &U(_ #(*+$ & 'W&55:0&*%( m
"Z 4&5 #(*+$ZW

191. It is cleai that he lieu to the insuiance company in oiuei to get paiu
but he maintaineu unuei oath that he uiu not lie. Which is which. Be
was cleaily manipulating the facts.

192. Can the lives of two peisons (Zulu anu Fico) anu that of theii families
be shatteieu baseu on the eviuence of a witness who blatantly lieu
unuei oath anu aumitteu hiuing the tiuth fiom the police.
114
19S. Even if it is assumeu that Ni. Li Tung has seen what he claimeu to
have seen, the following shows why he cannot be believeu:

4%$#2),: -"),*T The next moining, he leains fiom the
iauio that people have uieu in the fiie on the pievious
night. Bowevei, when he goes to the police, he says
nothing about what he saw although the police weie
appealing foi witnesses to come foiwaiu. At that stage
nobouy hau been aiiesteu yet but the only concein of Li
Tung was that if he weie to tell to the police what he saw,
he might not get the insuiance money foi his cai. This is
the kinu of peison whom we aie uealing with heie. 7
people have uieu on the pievious night. A uay of national
mouining was ueclaieu. Accoiuing to him, he saw
eveiything. Be coulu have helpeu the police fiom uay one.
But he only caieu about his insuiance.

194. Anothei point of gieat concein is the uock iuentification of Zulu anu
Fico by Ni. Li Tung. Bock iuentification, which involves the witness
inuetifying the accuseu foi the fiist time in couit has been helu by
vaiious uecisions of the Couit of Appeal in Englanu to be a seiious
iiiegulaiity.

19S. The following is an analysis of the technical aspect of uock
iuentification:

M#"2 4#.+L"%6 F#)2),$% 0%&$6),:W [E)6&,.& $,6
0#$.*).& (899=A 0$#$:#$-+ 7i1i8T

]Y,( $6(*+$8$%&+$7* 78 & 6(8(*6&*+ K@A G>? KEAFG GEO? ED G>?
J@NU $5 ;7+, &* PDJ?FEACQM? IACNGEN?^ 5(( 9Z UZ
<&0+E0$D,+1-\ <0Z"//Z9Z M-21 <<"P &*6 C F?AE@PF
EAA?BPMCAEGT@ 5(( H6E&065 UZ l:((*1 Y,(BM\\3C -R\ IZjZ R.\1
4<Z


115
"'+,7:D, C GAECM ZPJB? A?GCEDF C JEFNA?GE@D G@ I?AOEG C
J@NU EJ?DGEKENCGE@D1 $+ $5 5:;#$++(6 +,&+ $* /0&%+$%( +,(
(S(0%$5( 78 FPN> JEFNA?GE@D F>@PMJ D@G ?H?D Q? N@DFEJ?A?J
PDM?FF^

_C` C J?K?DJCDG >CF A?KPF?J G@ N@OIMT LEG> C K@AOCM
A?]P?FG G@ CGG?DJ CD EJ?DGEKENCGE@D ICACJ?1 &*6

_Q` D@D? @K G>? @G>?A EJ?DGEKENCGE@D IA@N?JPA?F >CF Q??D
NCAAE?J @PG CF C A?FPMG @K G>? J?K?DJCDGgF J?KCPMGR

"5 +,( /7'$%( #&? &67/+ & 5&+$58&%+70? $6(*+$8$%&+$7*
/07%(6:0( $* 0(5/(%+ 78 & 0(80&%+70? 6(8(*6&*+ B5((1 870
(S&#/'(1 +,( #(+,76 &67/+(6 $* 9Z UZ f(**(6? B:*0(/70+(61
O&0%, M\1 -22MC1 &*+(1 o-NA^2C1 $+ $5 *7E 6$88$%:'+ +7 %7*%($U(
78 %$0%:#5+&*%(5 $* E,$%, & +0$&' L:6D( E7:'6 /(0#$+ & 67%G
$6(*+$8$%&+$7*Z a>?A? C LEGD?FF H@MPDG??AF C J@NU
EJ?DGEKENCGE@D: G>? FPOOEDB PI F>@PMJ OCU? EG IMCED G>CG
FPN> ?HEJ?DN? EF PDJ?FEACQM?h G>CG G>? IA@I?A IACNGEN? EF
G@ >@MJ C ICACJ?h CDJ G>CG G>? ?HEJ?DN? F>@PMJ Q?
CIIA@CN>?J LEG> BA?CG NCA?^ b$''$&#5 B`7('C UZ l:((*1
Y,(p-22.q - bZhZ9Z RN[1 4<Z +K C ZPAT EF D@G JEFN>CAB?J
CKG?A FPN> CD EJ?DGEKENCGE@D: EG EF EDNPOQ?DG PI@D G>?
ZPJB? G@ JEA?NG G>?O G@ BEH? EG MEGGM? @A D@ L?EB>G^ H6E&065
UZ l:((*1 Y,( BpM\\3q Kf4< M^C1 &*+(Z

BkC

J70 &* &*&'?5$5 78 +,( 6&*D(05 78 67%G $6(*+$8$%&+$7*51 5((
e7''&*6 Bj&#(5C UZ eO "6U7%&+(1 Y,( Y$#(51 j:*( -1 M\\R1 4<1
E,(0( $+ E&51 *(U(0+,('(551 ,('6 +,&+ /(0#$++$*D 5:%, &*
$6(*+$8$%&+$7* E&5 *7+ /(0 5( $*%7#/&+$;'( E$+, +,( 0$D,+ +7 &
8&$0 +0$&'Z


116
'CNG@AF G@ L?EB> ED G>? ?]PCGE@D 78 E,(+,(0 &* &%%:5(6
,&6 ,&6 & 8&$0 +0$&' E7:'6 $*%':6( E,(+,(0 ,( E&5 '(D&''?
0(/0(5(*+(61 L>CG JEA?NGE@DF G>? ZPJB? >CJ BEH?D CQ@PG
EJ?DGEKENCGE@D ?HEJ?DN? &*6 G>? FEBDEKENCDN? @K G>?
N@DG?FG?J ?HEJ?DN? ED G>? N@DG?YG @K G>? IA@F?NPGE@D
?HEJ?DN? CF C L>@M?RW
79

H&.);)", "/ *+& d56).)$% F"22)**&& "/ *+& 0#)EK F"5,.)%
), *+& .$;& "/ N"%6;", $,6 H&E", !.N%$;+$, E3 C+&
l5&&, @d$2$).$A m8999n ?a0F < @8I#6 !$#.+W 8999AT
-RZ =* H*D'&*61 +,( 7;'$D&+$7*5 78 +,( /7'$%( +7 ,7'6
$6(*+$8$%&+$7* /&0&6(5 &0( %7*+&$*(6 $* & <76( 78 40&%+$%(
$55:(6 ;? +,( e7#( I(%0(+&0? /:05:&*+ +7 5(%+$7* 33 78 +,(
<0$#$*&' HU$6(*%( "%+ -2[NZ Y,( '&*D:&D( 78 +,( <76( $5 *7+
870 /0(5(*+ /:0/75(5 #&+(0$&'1 ;(%&:5( +,(0( $5 *7 5$#$'&0
%76( $* j&#&$%&1 ;:+ EGF ?KK?NG LCF FPOO?J PI QT
(@Q>@PF? 5R4R ED !?BR HR #@ICG i;<<Xj 7 )AR1IIR!R 7kX: 7;9
QT FCTEDB l%>?A? @PB>G G@ Q? CD EJ?DGEKENCGE@D ICACJ?
L>?A? EG L@PMJ F?AH? C PF?KPM IPAI@F?lR
16. Theii Loiuships will give two English examples of this
piinciple being applieu in cases in which theie was, as heie,
a uispute ovei whethei the accuseu was in fact a peison
known, oi sufficiently known, to the witness. |.j
;XR %>?EA 5@AJF>EIF N@DFEJ?A G>CG G>? IAEDNEIM? FGCG?J QT
(@Q>@PF? 5R4R ED !?BR HR #@ICG i;<<Xj 7 )AR1IIR!R 7kX:
7;9: G>CG ED NCF?F @K JEFIPG?J EJ?DGEKENCGE@D lG>?A? @PB>G
G@ Q? CD EJ?DGEKENCGE@D ICACJ? L>?A? EG L@PMJ F?AH? C
PF?KPM IPAI@F?l: EF @D? L>EN> @PB>G G@ Q? K@MM@L?JR =+
87''7E5 +,&+1 &+ &*? 0&+( $* & %&/$+&' %&5( 5:%, &5 +,$51 $+
E7:'6 ,&U( ;((* D776 /0&%+$%( 870 +,( /7'$%( +7 ,&U( ,('6 &*
$6(*+$8$%&+$7* /&0&6( :*'(55 $+ E&5 %'(&0 +,&+ +,(0( E&5 *7
/7$*+ $* 67$*D 57Z

25
Archbold Criminal Pleading, Evidence and Practice (2008) Paragraph 14-42

117
Y,$5 E7:'6 ,&U( ;((* +,( %&5( $8 $+ E&5 &%%(/+(61 70
$*%&/&;'( 78 5(0$7:5 6$5/:+(1 +,&+ +,( &%%:5(6 E(0( G*7E* +7
+,( $6(*+$8$%&+$7* E$+*(55Z "+ '(&5+ $* +,( %&5( 78 O%i'&5,&*1
+,&+ 67(5 *7+ &//(&0 +7 ,&U( ;((* +,( /75$+$7* ,(0(Z
19. But the question is, as their Lordships have said, whether
the failure to hold a parade has caused a serious miscarriage of
justice. In Reg. v. Conway and Reg. v. Fergus the convictions
convictions were set aside as unsafe and unsatisfactory
because, in the absence of a parade, the evidence of
identification adduced by the prosecution was too weak to
support a conviction. In Conway the previous acquaintanceship
claimed by the witnesses was relatively slight and even its
credibility was impaired by the woman's initial denial that she
knew the man at all. In Fergus the claimed previous knowledge
was very slight indeed. Furthermore, in Conway the accused
had, with the backing of the Code, requested an identification
parade and it had been refused.
196. The Counsel foi both Zulu anu Fico, iightly objecteu that Ni. Li Tung
pioceeus to a uock iuentification of the accuseu paities.

197. Aiguments weie heaiu but the objection was set asiue by the
Leaineu }uuge. The Leaineu }uuge stateu that it was not an
iuentification exeicise but a meie iecognition since witness Li Tung
hau seen the Amicale Foui at the Pieliminaiy Enquiiy. The Leaineu
}uuge was plainly wiong.

\$; )* $ #&.":,)*)", "# $, )6&,*)/).$*)",X

198. The Leaineu }uuge baseu himself on the fact that Ni. Li Tung hau
seen Zulu anu Fico pieviously when they weie biought at the
Pieliminaiy Enquiiy.




118
199. The following is an extiact of an authoiity on this paiticulai issue:

Z E M&#:5; |1992j Ciim LR S6S:

]"5 +7 +,( 8$05+ 78 +,75( #&++(051 +,$5 %7:0+ 78 %7:05(
0(%7D*$_(5 +,&+ C JEFGEDNGE@D $5 +7 ;( 60&E* ;(+E((* +,(
%&5( 78 +,( %7#/'&$*&*+ E,7 NMCEOF G@ >CH? A?N@BDEm?J >EF
CFFCEMCDG &5 & /(057* E,7# ;(870( +,( %7##$55$7* 78 +,(
&''(D(6 788(*%( >? CMA?CJT UD?L L?MM &*6 +,&+ 78 +,(
%7#/'&$*&*+ E,7 %'&$#5 +7 EJ?DGEKT CF >EF CFFCEMCDG C
I?AF@D L>@O >? >CF D?H?A F??D Q?K@A? G>? EDNEJ?DGR

HU(* $* & 0(%7D*$+$7* %&5( +,(0( $5 & 6&*D(0 +,&+ &* ,7*(5+
E$+*(55 #&? ;( #$5+&G(*Z "%%706$*D +7 +,( E(''AG*7E*
&:+,70$+? 78 Y:0*;:'' p-2..q lT MMN 70 3R <0 "// 9(/ -^M &+
($+,(0 /&D(5 MM[ 70 -^[@ rZ Z Z (U(* E,(* +,( E$+*(55 $5
/:0/70+$*D +7 0(%7D*$_( 57#(7*( E,7# ,( G*7E51 +,( L:0?
5,7:'6 ;( 0(#$*6(6 +,&+ #$5+&G(5 $* 0(%7D*$+$7* 78 %'75(
0('&+$U(5 &*6 80$(*65 &0( 57#(+$#(5 #&6(Zr `(U(0+,('(55 +,(
6&*D(0 78 #$5+&G( $* 5:%, & %&5( $5 7;U$7:5'? '(55 +,&* $* &*
$6(*+$8$%&+$7* %&5(@ 5(( +,( L:6D#(*+ 78 +,( %7:0+ $* T?0*( s
)05 B:*0(/70+(6C 6(%$6(6 7* --+, "/0$' -22\Z

a>?A? G>? N@OIMCEDCDG NMCEOF G@ A?N@BDEm? C I?AF@D
L>@O >? J@?F D@G UD@L L?MM QPG >CF @DMT F??D
IA?HE@PFMT @DN? @A @D C K?L @NNCFE@DF >EF ?HEJ?DN? OCT
L?MM A?]PEA? G@ Q? GA?CG?J CF ?HEJ?DN? @K EJ?DGEKENCGE@D
ACG>?A G>CD A?N@BDEGE@DR %>? Q?GG?A >? UD@LF G>?
J?K?DJCDG G>? O@A? G>? ZPAT CA? ?DGEGM?J G@ GA?CG >EF
?HEJ?DN? CF G>CG @K A?N@BDEGE@D: QPG @K N@PAF? G>?
@II@FEG? EF CMF@ GAP?RW
pkq
=* 7:0 U$(E @D? IA?HE@PF FEB>G @K 4@F?I> '?ABPF JEJ D@G
OCU? G>EF C NCF? @K A?N@BDEGE@Dh EG A?OCED?J C NCF? @K
EJ?DGEKENCGE@DZ
119
=+ 87''7E5 +,&+ E( %7*%':6( +,&+ +,( 9(%706(0 E&5 E07*D +7
&''7E +,( >:(5+$7*1 rc7 ?7: 5(( $* %7:0+ +,( /(057* +7 E,7#
?7: ,&U( 0(8(00(6 &5 j75(/, J(0D:5r +7 ;( &5G(6Z %>? CDFL?A
LCF @K N@PAF? C NAEGENCM ICAG @K G>? IA@F?NPGE@DgF NCF?
CBCEDFG G>EF CII?MMCDGR
=+ 87''7E5 +,&+ +,(0( E&5 & #&+(0$&' $00(D:'&0$+? $* +,( +0$&' 78
+,$5 &//(''&*+1 E,$%, 0(*6(05 +,$5 %7*U$%+$7* :*5&8( 70
:*5&+$58&%+70?ZW

2uu. Theiefoie, the fact that Ni. Li Tung hau seen the accuseu paities at
the Pieliminaiy Enquiiy uiu in no way mean, foi the puiposes of the
law, that it was a iecognition exeicise. What matteieu was whethei
Ni. Li Tung hau seen the accuseu paities piioi to the 2S
iu
Nay 1999.
Be hau nevei seen them befoie that.

2u1. To make matteis woise, witness Li Tung stateu that he hau seen the
pictuies of the accuseu paities in the newspapeis.

2u2. What is of an even gieatei concein though is the fact that no cleai
waining was given to the juiy in iespect of the uangeis of ielying on
a uock iuentification.

2uS. It tianspiies fiom the above authoiities that uock iuentification is a
seiious iiiegulaiity which, on its own, ienueis a conviction unsafe oi
unsatisfactoiy.

2u4. The Couit of Appeal which hau the oppoitunity to offei ieuiess in
fact maue matteis woise.

2uS. Whilst iecognising that the iuentification of Li Tung ought to be
uisiegaiueu, the Couit of Appeal, went on to state that the juiy still
hau the eviuence of Azau Thupsee which inciiminateu the Zulu anu
Fico.

120
2u6. What the Couit of Appeal theiefoie uiu, was to substitute itself foi
the juiy; something which cannot anu shoulu not have been uone.

2u7. The ieason why it shoulu not have been uone is simply because the
Couit of Appeal coulu not possibly have known whethei the juiy uiu
believe Azau Thupsee as iegaius Zulu anu Fico.

2u8. It coulu well have been the case that the membeis of the juiy ielieu
solely on the eviuence of Li Tung to inciiminate those two. Theiefoie
the Couit of Appeal, whilst acknowleuging that the uock
iuentification shoulu be uisiegaiueu, was cleaily wiong in
substituting itself foi the juiy but unfoitunately, foi financial
ieasons, no appeal was maue to the }uuicial Committee of the Piivy
Council.






















121
Chapter 12: Time is of the essence!

2u9. Accoiuing to oui enquiiy, at 18 47 his, an entiy was maue by a
senioi officei in the visitois book of Pope Benessy police station. It
ieau 'Aiea quiet'.

21u. Theieaftei, within a few minutes (appiox 18 Su his - 18 S1 his) a
waiuiess came at the Station to ask peimission to make a call.

211. An NI0 officei who hau eailiei left the station to go anu enquiie
about the situation in fiont of Chanceiy Bouse ian back to the
station. (appiox 18 S2 his)

212. Two Fiie Biigaue FC suppoiteis who weie in the paiking
26
in fiont
of St Louis Catheuial maue obscene gestuies at a gioup of Scouts
Club fans who weie coming fiom Lislet ueoffioy Stieet onto Pope
Benessy Stieet. 0ne of the suppoiteis manageu to flee anu the othei
went into the uiiection of the police station to seek iefuge. The lattei
was chaseu by a mob of Scouts Club hooligans.

21S. Within a minute (appiox 18 SS his), the suppoitei baigeu in the
station shouting foi help. The uooi of the station was immeuiately
closeu behinu him.

214. The mob, feeling that the police was in fact offeiing piotection to
somebouy who hau insulteu them was infuiiateu.

21S. The situation uegeneiateu (appiox 18 SS his) so much so that an
autocycle was set alight anu then usheieu towaius the uooi of the
police station anu piojectiles weie huileu at the police station.

216. Theie was no powei supply inteiiuption anu the police iauio
netwoik was functioning piopeily.


26
The parking in 1999 was found in front of the Cathedral, along Pope Henessy Street
122
217. The whole situation lasteu not moie than ten minutes.

218. SP Ramen causeu a unit of the SS0 to go to the Pope Benessy Police
Station:

%@ D@G?^ "%%706$*D +7 +,( U(05$7* 78 +,( /7'$%(1 +,( J$0(
T0$D&6( E&5 6('&?(6 $* $+5 0(5/7*5( +7 &++(*6 +,( &057* &+
hW"#$%&'( ;(%&:5( &''(D(6'?1 +,(0( E&5 & D07:/ 78 /(057*5
E,7 E&5 ;'7%G$*D +,( (*+0&*%( 78 +,( J$0( T0$D&6( I+&+$7*Z
Y,$5 %&**7+ ;( +,( %&5( 5$*%( +,( IIK %7*U7? E,$%, 0(&%,(6
47/( e(*(55? /7'$%( 5+&+$7* /&55(6 +,( J$0( T0$D&6( I+&+$7*Z
=8 +,(0( E(0( /(7/'( E,7 E(0( ;'7%G$*D +,( (*+0&*%( 78 +,(
J$0( T0$D&6( I+&+$7*1 +,( &00$U&' 78 +,( IIK %7*U7? E7:'6
,&U( %&:5(6 +,(# +7 ;( 6$5/(05(6Z

219. Theie is unuisputeu eviuence to the fact that L'Amicale was alieauy
on fiie befoie 19 uu.

22u. Accoiuing to the veision of the piosecution, Nounou, Bb anu Fico
hau all paiticipateu in the inciuents at Chanceiy Bouse.

221. Nounou anu Bb have also stateu in theii iespective affiuavits that
they weie in fiont of Chanceiy Bouse at some point anu when they
came back up Lislet ueoffioy Stieet they went uown Pope Benessy
Stieet towaius the police station. Theie ieaching they saw that the
situation coulu potentially get out of hanu anu they ueciueu to go
home.








123
C" ,"*&: =+ +&G(5 & #$*$#:# 78 +,0(( +7 87:0 #$*:+(51 ;? %&01
+7 D(+ +7 hW"#$%&'( 807# 47/( e(*(55? /7'$%( 5+&+$7*Z )* 877+1
$+ +&G(5 & #$*$#:# 78 8$8+((* #$*:+(5Z )* +,&+ &55:#/+$7*1
(U(* $8 E( E(0( +7 ;('$(U( E$+*(55 "_&6 Y,:/5((1 O7:*7: &*6
Tg;g E7:'6 ,&U( 0(&%,(6 hW"#$%&'( &8+(0 -2 \\ +&G$*D $*+7
%7*5$6(0&+$7* +,( +$#( $+ E7:'6 ,&U( +&G(* +7 0(D07:/ &*6
E&'G ;&%G 807# 47/( e(*(55? /7'$%( 5+&+$7* +7 `(E <7:0+
e7:5( E,(0( &''(D(6'?1 &%%706$*D +7 Y,:/5((1 +,( I:#76,((
/&0G(6 +,($0 %&0 &*6 +,(0(&8+(0 60$U( +7 "#$%&'(Z J$%7 E7:'6
,&U( 0(&%,(6 57#( -- n -M #$*:+(5 '&+(0Z

222. The timings inseiteu in the missing uocuments
27
woulu have
theiefoie cleaily uemonstiateu that thiee of the foui innocent
convicts who weie piesent at the NFA inciuents anu the Pope
Benessy Police Station inciuents (18 47 his onwaius) coulu not have
been at L'Amicale at the time it was set on fiie (At latest 19 uu his).

22S. It is to be noteu that witness Azau Thupsee who was piesent on
Pope Benessy stieet watching the NFA inciuents conveniently
misseu the whole Pope Benessy police station episoue (which took
place not moie than Su meties uown the ioau). The ieason is
because if he aumitteu being theie anu stateu that he witnesseu the
Pope Benessy police station inciuent (which he uiu in fact witness),
he coulu not then state having been at L'Amicale to witness the
aison being committeu.

27
See Chapter entitled Convenient Disappearance
124
!"#$ &' ()*$+#,+*

1. 0ui enquiiy has ievealeu a few mysteiies suiiounuing the aison at
L'Amicale, none of which weie given any consiueiation by the police
investigatois.

2. These mysteiies, foi unknown ieasons, weie not canvasseu befoie
the tiial couit eithei anu even aftei the convictions of the !"#$%&'
)*+, no explanations weie sought fiom any quaiteis in an attempt
to eluciuate those mysteiies.

S. What can be saiu with ceitainty though, is that uue consiueiation
neeus to be given to these facts since they confiim, togethei oi theii
own, the colu haiu tiuth that theie is moie to the Amicale aison than
just foui unhappy football fans oi even hooligans foi that mattei.

4. The mysteiies that aie uiiectly connecteu with the Amicale builuing
itself aie:

a. A mutilateu bouy which was founu on the seconu flooi
of the builuing.

b. A ieu electiical wiie which was founu tieu to the seconu
flooi balcony anu accoiuing to vaiious testimonies,
some people escapeu the builuing using the saiu wiie.

c. The safe of the game house which was founu seveial
meties away fiom the place wheie it was kept anu moie
impoitantly, it was foiceu open anu empty.

S. A seconu issue which will be biought to youi attention unuei that
pait conceins the convenient anu mysteiious uisappeaiance of
vaiious uocuments which woulu have uisculpateu the !"#$%&' )*+,
as the authois of the aison.
125

-."/$+# 0&' 1.+ 23$,4"$+5 675)

6. 0f the seven bouies that weie founu in the Amicale builuing, the
bouy of Nohameu Fawzee Abuool Bakim ueseives paiticulai
attention.

7. It was at about 22:4u on the 2S
iu
Nay 1999, when Bi. B. B. Suinam,
Police Neuical 0fficei, accompanieu by Ni. Ren, Assistant
Supeiintenuant of Police, Chief Inspectoi Fullee togethei with othei
membeis of the police foice anu fiie seivices enteieu the Amicale
builuing.

8. Six bouies weie founu on the fiist flooi of the builuing. 0pon
autopsy, none of the bouies weie founu to beai any kinu of fiactuies
whatsoevei. The only bouy to be founu on the seconu flooi was that
of Nohameu Fawzee Abuool Bakim.

9. In his iepoit
1
uateu 2
nu
August 1999 conceining the examination of
the Amicale Builuing, Bi. Suinam maue the following obseivations
iegaiuing the bouy of Ni. Bakim:

-!" $%& '
"(
)*++,-
./',' 0%1 2/' 3*45 *6 % $/%,,'4 "%&' %4+&2 #7 % 1+8#7'
8*1#2#*7 0#2/ ./,$0/* &1&"$,/$0+" +) $%& /2(+30"/*
+,4/"59 :;"8/%1#1 %44'4<

1u. The single fact that the bouy of Ni. Bakim piesenteu a 'paitial
eventiation' of the abuominal oigans iaises seiious questions as to
what coulu have happeneu to Ni. Bakim piioi to his ueath.

11. No explanations weie pioviueu as to what coulu have causeu the
'paitial eventiation' of the abuominal oigans.

1
Annexure 1
126

12. Bowevei, the autopsy iepoit
2
of the bouy of Ni. Bakim shoulu have
sent alaim bells iinging.

1S. That autopsy iepoit, which was nevei given the attention it
ueseives, noteu that Ni. Bakim boie the following injuiies, among
otheis:
-=
,4
4'>,'' 3+,71 *6 6,*72 *6 $/'12 0#2/ / */,4& +.&"0"4 +1&,
,04%$ )*/"6 "'%1+,#7> =? @ A= $" 0#2/ '@8*1+,' *6 ,#>/2
4#%8/,%>" %74 &#B',C

705*+8/$0+" *6 ,#>/2 '&3*0C
9,/8$:,& (05*+8/$0+" *6 ,#>/2 0,#12D ,#>/2 /%74 3'#7>
,'4+$'4 2* % 12+"8C
705*+8/$0+" *6 &'62 '&3*0C
9,/8$:,& (05*+8/$0+" *6 &'62 0,#12D &'62 /%74 3'#7> ,'4+$'4 2*
% 12+"8C
9,/8$:,& *+;&, '74 *6 ,#>/2 6'"+,C
9,/8$:,& (05*+8/$0+" *6 ,#>/2 %7E&'D ,#>/2 6**2 3'#7> ,'4+$'4
2* % 3+,72 "%11C
9,/8$:,& *+;&, '74 *6 &'62 6'"+,C
9,/8$:,& (05*+8/$0+" *6 &'62 %7E&' 0#2/ &'62 6**2 3'#7>
,'4+$'4 2* % 3+,72 "%11C9
14. The inteinal examination of the heau of the ueceaseu ievealeu even
moie fiactuies:

#C -),%$2+,' ,#>/2 2'"8*,%& 3*7'C
##C ),%$2+,' *+2', 2%3&' ,#>/2 +88', *$$#8#2%& 3*7'C
###C ),%$2+,' ,#>/2 &*0', *$$#8#2%& 3*7'C
#BC F+,B'4 6,%$2+,' ,#>/2 6,*72%& 3*7'C9

2
Annexure Autopsy report
127




128

1S. Coulu those injuiies have been causeu piioi to the ueath of Ni.
Bakim. If so, what causeu them. Why was Ni. Bakim alone on the
seconu flooi. All these questions have iemaineu unansweieu so fai.

16. It was of capital impoitance to investigate fuithei into the injuiies
boine by Ni. Bakim foi the simple ieason that the veision of the
piosecution was to the effect that the Amicale builuing was set on
fiie fiom the outsiue: at no point in time uiu any of the convicteu
peisons go into the builuing.

17. What then causeu coulu have causeu so many fiactuies. No uebiis
was founu on the bouy of Ni. Bakim which coulu have accounteu at
least foi some of the fiactuies.

18. Fuithei, the bouy was founu on the seconu flooi theiefoie excluuing
any possibility that the fiactuies weie causeu by a fall fiom the
uppei flooi.

19. At this junctuie, it is inteiesting to note the level of caibon monoxiue
piesent in each of the uiffeient bouies:





8"2+ 79 :+;+"*+5 <+=+4 79 -"#67> (7>7?,5+
Catheiine LAI YA0 TIN 82%
Eugenie LAI YA0 TIN 72%
}ean Alain LAW WINu 46.8%
}eannette RANB0R0 Su.6%
Yeh Ling LAI YA0 TIN 77%
@"AB++ C65774 DCEF( GHI
Babooiam L0CK00 S6.4%

129
2u. The level of caibon monoxiue piesent in the bouy of Ni. Bakim is
consiueiably lowei than the levels founu to be piesent in the six
othei bouies.

21. The significance of this is that Ni. Bakim uiu not bieathe in as much
smoke as the othei victims.

22. 0ne question begs to be askeu:

-7345 .+ ."=+ 6++> 6+"$+> 3/ ">5 4+9$ 97# 5+"5 6) $.7*+ A.7
/+#/+$#"$+5 $.+ "$$";JK

2S. Why woulu that be. To get giasp of the possible motive behinu such
a baibaious act, it is necessaiy to unueistanu who Ni. Bakim was
anu why he was in the builuing.

24. Ni. Nohameu Fawzee Abuool Bakim, nicknameu -"%7>*+1' 9 was 42
yeais olu at the time.

2S. 0ui enquiiy has ievealeu that Ni. Bakim has been woiking at
l'Amicale foi ovei a numbei of yeais piioi to the 2S
iu
Nay 1999.

26. Ni. Bakim was the peison who useu to open anu close the piemises.
Be knew the builuing insiue out.

27. Be was in fact a man of tiust foi Ni. }ean Noel Lai Yau Tim, the
ownei of the game house, so much so that he was even offeieu
accommouation just a few meties away fiom the gamehouse by Ni.
Lai Yau Tim.

28. In ietuin, we have been tolu by those who weie close to Ni. Bakim,
that the lattei was most uevoteu in his woik anu uespite his
ielatively small built, he woulu not hesitate to put his life at iisk foi
that of his boss.
130

29. Be was also the type of peison who woulu not hesitate to voice out
any suspicious tiansaction in the casino anu biing same to the
attention of Ni. Lai Yau Tim.

Su. Ni. Bakim knew all the iegulais of the casino.

S1. Ni. Bakim also knew most of the notoiious ciiminals of the iegion.
This incluueu some of the membeis of the Escauion ue la moit.
S


S2. We know also foi a fact that membeis of the saiu squauion, anu in
paiticulai Bahim Coco, weie iuthless killeis who woulu not faltei
when it came to taking the life of an innocent witness.

<+ "+$&- G+,#7> % /*&4 +8 0/#$/ 2/' '1$%4,*7 4' &%
"*,2 8',8'2,%2'4 %2 )&#$ '7 )&%$D H%/#" F*$*
7'%,&5 E#&&'4 % "'"3', *6 /#1 *07 2'%" 0/*
/%4 +22','4 /#1 7%"' #7 8+3&#$C

SS. Whethei Ni. Bakim was savagely beaten up anu left foi ueau
because he tiieu to piotect the inteiests of his boss oi whethei it
was simply because whoevei peipetiateu the attack was known to
Ni. Bakim who spotteu them, only an in uepth enquiiy will
enlighten us.

S4. What we uo know is that at the time, no explanation weie evei
sought oi given to account foi the mutilateu bouy of Ni. Bakim oi
woise, that aspect was not even inquiieu into.

SS. The meuico legal iepoit itself faileu to auuiess ceitain key issues:

i. Whethei the uamage on the items of clothing woin
by the ueceaseu matcheu the uamage to the bouy.

3
see Chapter entitled 30
131

ii. Assessment of the buin patteins on the clothing
anu on the bouy (What uo the buin patteins say
about the victim's actions. About theii inteiaction
with the fiie. About the fiie uynamics. Bo buin
patteins on bouy anu clothing match.)

iii. Whethei the bouy injuieu piioi to the fiie. If so,
how might the injuiies have happeneu.

S6. Fuitheimoie, the following weie not even caiiieu out:

a. Inteinal tissue tests foi uiugs, poisons, anu volatile
hyuiocaibons
b. Exteinal tissue buin patteins analysis (incluuing
ueteimination of antemoitem anu postmoitem wounus)
c. Exteinal tissue neai buins tests foi vital chemical oi
cellulai iesponse to buins
u. Auuitional x-iays in view of the numbei of fiactuies.
e. Beteimination of the mechanism of buin injuiy (theimal
oi chemical; iauiant, conuucteu, oi convecteu)
f. Tiace eviuence anu buin pattein testing of the bouy,
clothing, anu peisonal effects
g. Ignitable liquiu testing as appiopiiate on the bouy,
clothing, anuoi effects anu items founu with the bouy


S7. The position of the bouy shoulu have also aiouseu suspicion since it
was most unusual foi a victim in an aison case to be founu lying on
the back, unless theie hau been foul play piioi to the aison.

17 >7$+' The following is an extiact of the Couit pioceeuings in ielation to
the piouuction of the photos of the bouies:

132
'Couit: Yes, but the fact that the meuical eviuence oi what
not, it is not uisputeu eithei by the Befence that 7
peisons uieu. What is the puipose of putting these
photos.

Nis. A. Naiain Ramloll: Well, it is a piactice maue befoie the
Couit it woulu show what exactly the
effect of the . bouies anu the position
in which those bouies weie founu.

Couit: Bo you mean the Couit will have to investigate into
that as well.

Nis. A. Naiain Ramloll: It means that when the Nembeis of
the }uiy will have the meuical legal
iepoits in fiont of them anu they look
at the photogiaphs, they will ..
Exactly.

-73#$' L."$ $.+ M3#) ,* ,>$+#+*$+5 $7 J>7A ,* $."$ $.+)
5,+5 ,> $.+ 9,#+N 1."$ ,* "44NO

S8. Bau the photogiaphs been given uue consiueiation, the unusual
position of the bouy woulu have been noticeu stiaight away. It is a
mattei of gieat iegiet that the photogiaphs weie playeu uown in
such fashion by the Leaineu }uuge.

S9. Theieaftei, the meuico legal iepoit was not given any consiueiation
whatsoevei by the investigatois uespite the fact that it cleaily
aiouseu suspicion. Theie was no line of enquiiy into the suspicious
ueath of Ni. Bakim. An enquiiy woulu have ievealeu:

133
a. Whethei the position wheie the bouy of Ni. Bakim
was founu coulu be expecteu given the occupancy of
the stiuctuie.
b. If not, how Ni. Bakim got theie anu why.
c. That theie was no ielation between the place wheie
the victim was founu anu the seat of fiie.

4u. This enquiiy has commissioneu a pathologist to ieview the meuico-
legal iepoit of all of the victims, theii toxicology iepoits anu the
uepositions of the uoctois in Couit anu in the light of his ieview, to
answei ceitain specific questions put by him.

41. The iepoit of the pathologist is heiewith annexeu in its entiiety.
4
Its
conclusion ieaus as follows:


-I7 B#'0 *6 2/' 7*7 18'$#6#'4 %72' *, 8*12 "*,2'" 3+,7#7> *,
$/%,,#7> %74 2/' 1E+&& 6,%$2+,'1 0/#$/ %,' $',2%#7&5 7*7J6#,'
,'&%2'4D I %" *6 2/' *8#7#*7 2/%2 $%& 56:** ),/8$:,&5 0"
./,$08:*/, ;&,& (:& $+ 0"=:,0&5 5:5$/0"&( .,0+, $+ $%&
2:,"0"4 %74 2/%2D %2 2/' 2#"' *6 6#,'D B#$2#" 0%1 &5#7> *7 2/'
6&**, *B', 2/' 3%$E %74 ;/5 (>0"4 +, 0" /" :"8+"580+:5
5$/$& ),+3 %05 %&/( 0"=:,0&5 /"(?+, +$%&, :"(&$&8$&(
2+(> 0"=:,0&5@A

42. We have also ietaineu the seivices of a Biitish Foiensic Pathologist
to pioviue us with a ieview of the autopsy iepoit of Ni. Bakim. This
iepoit is uue to be communicateu to us in thiee months time. The Cv
of Bi. Bamilton of foiensic access, is heiewith annexeu.











4
Annexe 11
134
Chapter 14: The red wire

4S. The existence of the ieu wiie is confiimeu by Faiook Nahauoo, a
woikei of L'Amicale who has been inteivieweu in iespect of the
piesent enquiiy.

44. As pei the police plan anu photogiaphs, the ieu wiie was in fact tieu
to the balcony of the seconu flooi of the Amicale Builuing on Royal
Stieet.

4S. The ieu wiie foimeu pait of a much laigei coil of electiical wiie.

46. A senioi police officei who was among the fiist police officeis to
aiiive on the locus explaineu how peisons who weie still tiappeu
insiue Amicale upon his aiiival weie escaping fiom the builuing
using the ieu wiie.

47. Bowevei, this cannot be coiiect foi the following ieasons:

a. Witness Seeneevassen who ueponeu at the Pieliminaiy
Enquiiy anu the Assizes maue mention of the fact that
he hau askeu eveiybouy who was on the seconu flooi to
get uown.

b. It also uoes not stanu to ieason since, if the wiie was
ieally a means of escape foi those tiappeu insiue the
builuing, it was tieu to the seconu flooi iathei than the
fiist flooi of the builuing thus, making it a much moie
uifficult opeiation.

c. If the wiie was ieally tieu by those tiappeu insiue the
builuing, the peisons who tieu the wiie isaie heioes
who helpeu saveu many lives. Bowevei, it was nevei
135
known who tieu the saiu wiie. Nobouy came foiwaiu be
it to the police oi the piess.

u. Nobouy who climbeu uown the builuing using the wiie
came foiwaiu eithei.

e. All those who hau useu the ieu wiie on that fateful uay
have so fai iemaineu mysteiious anu anonymous.

f. Last but not least, oui enquiiy has ievealeu fiom an
unuisputable souice
S
that the coil of electiic wiie uiu
not come fiom within the Casino. It hau in fact been
biought in, seemingly, foi a specific puipose.

48. What has been confiimeu is that theie weie people who came uown
using that ieu wiie. The same people weie alloweu to leave the
scene immeuiately anu no questions weie askeu to them, no iuentity
iequesteu anu they weie not even askeu to wait on the spot until
contact uetails weie taken fiom them.

L.7 "#+ $.+*+ /+7/4+K

49. The police enquiiy ought to have ievealeu same.

<+ "+$&- ./' %22'72#*7 *6 2/' 8*&#$' 1/*+&4 /%B' 3''7 4,%07
2* 2/' '66'$2 2/%2 2/' ,'4 0#,' 0%1 2#'4 *7 2/' 3%&$*75 K+12 %
6'0 "'2,'1 %0%5 6,*" 2/' 18*2 0/',' 2/' 3*45 *6 L,C M%E#"
/%4 3''7 6*+74C

Su. 0ui enquiiy has leu us to concluue that those who useu that ieu wiie
uiu in fact paiticipate in the aison at L'Amicale anu useu the ieu
wiie to escape fiom the locus.

5
That person shall come forward when there is a new enquiry or a commission of enquiry in regards to
the case.
136

Chapter 15: An empty safe

S1. 0ui enquiiy has ievealeu that:

a. the safe which was locateu insiue the office of the fiist
flooi of the game house hau been uisplaceu. No
explanation has evei been foithcoming as iegaiu to
this uistuibing fact.

b. Accoiuing to oui enquiiy, a bunch of keys, incluuing,
accoiuing to oui enquiiy, the keys of the safe, weie
founu on the shouluei of the late Nis. Lai Yau Tim
when in fact they shoulu have been in the uiawei of
the table insiue the office. Again, no explanation was
given to this iathei stiange fact.

c. The safe was founu openeu with all of its contents
missing. No tests weie caiiieu out to asceitain
whethei theie was any uebiis insiue the safe anu
whethei the uebiis was what iemaineu of the
contents of the safe.

u. The safe coulu not have been uisplaceu by watei
piessuie of the fiie fighteis.

S2. The builuing iemaineu unuei police suiveillance anu theie is no
ieason to believe that the safe hau been uisplaceu by unauthoiiseu
inuiviuuals aftei the police hau taken possession of the builuing.




137







138
SS. 0ui enquiiy has ievealeu that:

a. The safe appeaieu to have been foiceu open (as can be
seen fiom the pictuie) inuicating that a iobbeiy was
caiiieu out.
b. Sustaineu fiie uamage in its inteiioi pait.
c. Was emptieu of all its contents anu valuables without
leaving any tiace.

S4. The investigation uiu not auuiess this iathei tioubling issue at all.
No questions weie askeu to the ownei of the game house as iegaius
to:
a. The location of the safe in the builuing piioi to the
aison.
b. The capacity of the safe to iesist fiie.
c. The amount of money which was kept in the safe at
the time of the aison.
u. 0thei valuables which weie kept in the safe.

SS. If a iobbeiy was caiiieu out at the game house, then the whole case
theoiy foi the piosecution (that convicts 1 - 4 set fiie to Amicale
fiom the outsiue) uoes not stanu goou.

S6. Insteau, what appeais to have been the case is that whoevei caiiieu
out the iobbeiy also committeu the aison anu useu Scouts Club fans
as a covei foi theii hoiienuous act.

S7. Again, the police uiu not even consiuei this as a possibility.

S8. A piopei investigation shoulu in fact have sheu the light on this
issue.



139
Chapter 16: Convenient disappearance

S9. 0ui enquiiy has ievealeu highly uistiessing anu alaiming facts
conceining the unavailability uisappeaiance oi otheiwise of
uocuments, which woulu have:

B%&( / (0))&,&"$ *04%$ +" $%& &1&"$5 +) $%& )/$&):* (/> +)
$%& 'C
,(
D/> EFFF@

GH8:*./$&( $%& )+:, 8+"108$5@

I&*.&( $+ )0"( $%& ,&/* 8:*.,0$5@

I&*.&( $%& /:$%+,0$0&5 $+ (,/; *&55+"5 )+, $%& ):$:,&@

6u. The uisappeaiance of uocuments oi eviuence in ielation to any
highly publiciseu case is bounu to have a negative impact in the
minu of the aveiage citizen since it cieates suspicion anu loss of
confiuence in the juuicial system.

61. The following uocuments containing infoimation peitaining to the
Nay anu }une 1999 coulu not be ietiaceu:

i. Biaiy Book of Pope Benessy Police Station

ii. 0ccuiience Book of Pope Benessy Police Station

iii. visitois Book of Pope Benessy Police Station

iv. Repoits of the National Intelligence 0nit (NI0).

v. Biaiy Book of Tiou Fanfaion Police Station


140
vi. Books in ielation to the movement of the N,*+8'
49I72',B'72#*7 4' &% O*&#$' L%+,#$#'77' (uIPN) anu the
P8'$#%& L*3#&' )*,$' (SNF).

vii. Logbook of the Infoimation Room (IR) of the police.

viii. Biaiy books of Baie uu Tombeau Police Station anu Baie
uu Tombeau CIB.

ix. Biaiy books of Albeiciombie Police Station anu
Albeiciombie CIB.

x. Biaiy book of Plaine veite Police Station
:,"#) P77J 79 !7/+ D+>+**) !74,;+ Q$"$,7>

62. Biaiy anu 0ccuiience books aie uocuments of majoi impoitance
which aie kept in any police station. Piecise infoimation ielating to
all the events happening in the aiea falling unuei the juiisuiction of
the police station as well as to events within the police station itself
aie iecoiueu in these books.
@";$*

6S. 0n the 2S
iu
Nay 1999, Pope Benessy police station was attackeu by a
gioup of hooligans of the Scouts Club.

64. Pope Benessy police station, like many police stations thioughout
the islanu was on ieu aleit on that uay. 0ui enquiiy has ievealeu
that Pope Benessy Police Station was unueimanneu on that
paiticulai uay uespite the fact that this paiticulai station was
iesponsible foi the majoiity of goveinment builuings of the aiea as
well as the Bistiict anu Supieme Couits.

6S. 0n the 24
th
Nay 1999, all the police officeis who weie woiking on
the pievious uay weie suspenueu fiom uuty. They weie:

141
(i) Seigeant 1u77 uengauoo
(ii) Constable 2466 Soobhug
(iii) Constable SSuS Soouhun
(iv) Constable 61u6 uopaul

66. Entiies weie maue in the Biaiy Book anu 0ccuiience Book of the
2S
iu
Nay 1999 conceining the following:

(i) The names of the officeis who weie on
uuty on the 2S
iu
Nay 1999.
(ii) The numeious calls ieceiveu fiom IR anu
othei Police Station.
(iii) The time at which the station was
contacteu by the Fiie Biigaue iequesting
police escoit to attenu a fiie neai Nohun
hotel.
(iv) The time at which a police vehicle was
uetaileu to escoit the Fiie Biigaue to
attenu the saiu fiie.
(v) The time at which the police vehicle came
back fiom its uuty anu whethei the Fiie
Biigaue uiu in fact manage to attenu the
fiie.
(vi) The time at which an officei fiom the Fiie
Biigaue inseiteu an entiy in the book of
Pope Benessy police station.
(vii) The time infoimation was ieceiveu fiom
IR of potential tiouble neai oi aiounu
Chanceiy Bouse.

(viii) The exact time at which an NI0 officei
came fiom Chanceiy Bouse to infoim
Pope Benessy Police Station of the
situation.
142
(ix) The exact time at which a waiuiess calleu
in at the station anu the puipose of hei
visit (allegeuly to make a phone call).
(x) The time at which a suppoitei of Fiie
Biigaue FC with his football team jeisey
on him buist into the police station
alleging that a gioup of Scouts Club
suppoiteis is chasing him.
(xi) The time at which the gioup of Scouts
Club suppoiteis aiiiveu in fiont of the
police station.

67. In eveiy police station theie is a visitois Book which is kept foi
entiies maue by senioi officeis unuei whose iesponsibility the
police station falls.

68. Accoiuing to oui enquiiy, at 18 47, an entiy was maue by a senioi
officei in the visitois book of Pope Benessy police station. It ieau
'Aiea quiet'.

-722+>$*

69. The above entiies woulu have confiimeu oui finuings that convicts
Nounou anu Bb coulu not by any stietch of imagination be piesent
at L'Amicale at the time the aison was committeu since they weie in
fiont of the Police station at the time a motoicycle was set on fiie at
the saiu Police station.

7u. It is the policy uuiing iiots that Fiie Biigaue units aie escoiteu when
they attenu a call. The entiies in the Biaiy Books woulu have
confiimeu the time at which Pope Benessy Police Station ieceiveu a
call fiom the Fiie Biigaue infoiming them that they neeueu an escoit
to attenu an inciuent wheieby a bus was set on fiie neai Nohun
Botel.
143

71. In fact, accoiuing to oui enquiiy, that inciuent occuiieu befoie
18:1S, thus inuicating that theie weie numeious seats of inciuents
which occuiieu befoie the aison at L'Amicale.

72. The visitois book woulu have mentioneu the name of the senioi
officei who visiteu the station anu confiim the existence of the entiy
maue at 18:47.

7S. The Biaiy Book woulu have confiimeu whethei in fact the police
station was unueimanneu.

74. The Biaiy Book woulu have ievealeu the name of the Police
waiuiess who came in the station.

7S. The Biaiy Book woulu have given the name, age anu auuiess of the
Fiie Biigaue suppoitei who came to seek iefuge in the police station
since he was escoiteu back home by the police officeis.

76. It woulu have also ievealeu the name of the iepiesentative of the
Fiie Biigaue who was maue to inseit an entiy in the uiaiy book of
Pope Benessy police station anu the time of that entiy.

77. It woulu have also shown the movement of the police vehicle which
escoiteu the Fiie Biigaue.

1.+ #+/7#$* 79 $.+ 8"$,7>"4 F>$+44,R+>;+ S>,$ T8FSU
@";$*

78. Theie weie S NI0 iepoits in ielation to the match of the 2S
iu
Nay
1999: Scouts Club vs Fiie Biigaue. They ielateu the appiehension
of the NI0 that theie might well be inciuents on that same uay.

144
79. It was even stateu in one of the iepoits that a gioup coulu
potentially stii up tiouble on that uay iiiespective of the iesult in
the football match.

8u. The fiist iepoit causeu the police to liaise with the Ninistiy of
Befence as well as the Ninistiy of Youth anu Spoits in an attempt to
avoiu any potential mishaps on that uay. This iepoit also piompteu
the police to uo the following:

a. Naking use of S6 cameias in the stauium as well as the
othei cameias in the cai paiks of the stauium.
b. Baving a veiy stiong police piesence at the stauium
incluuing police photogiapheis anu membeis of the
uIPN.

81. In its seconu iepoit the NI0 maue a list of potential tiouble makeis
foi the 2S
iu
Nay 1999. It was pioposeu in the iepoit that CCIB anu
othei CIB officeis keep a 24 houi watch on these peisons.

82. The thiiu iepoit uateu 19
th
Nay 1999 ielateu to infoimation that at
least 12 motoicycles which hau been stolen hau foigeu iegistiation
plates affixeu on them anu that these motoicycles weie going to be
useu foi inciuents feaieu anu mentioneu in the fiist iepoit.

8S. Finally, the NI0 was in possession of infoimation to the effect that
playeis of Scouts Club anu Fiie Biigaue hau been contacteu by
betting people in an attempt to fix the iesults. In fact, in the moining
of the 2S
iu
Nay 1999, Week Enu newspapei ielayeu the infoimation.

84. Accoiuing to the stanuaiu piactice within the NI0, the NI0 officei
posteu at a specific place oi at a public activity must infoim his uesk
at Line Baiiacks (which is locateu in a sepaiate builuing) if theie is
any infoimation which is going against the noimal couise of events.

145
8S. 0n the saiu uay, the NI0 uesk was unueimanneu.

86. All the call logs between the NI0 agents anu the uesk at Line
Baiiacks in iespect foi the 2S
iu
Nay 1999 have iemaineu
untiaceable.

V3# -722+>$*'

87. These thiee iepoits aie now missing but at the time, aftei they hau
been piepaieu, they weie sent to the ielevant authoiities foi actions
to be taken accoiuingly.

88. Bowevei, we note with gieat concein that only the fiist iepoit was
acteu upon.

89. The seconu iepoit was given only cuisoiy attention in as much as
theie was no 24 hi watch but the peisons mentioneu in the list weie
only lookeu foi in the stauium; anu when the authoiities founu out
that those peisons weie not on the stauium, no fuithei action was
taken in oiuei to asceitain the location of theii wheieabouts.

9u. In ielation to the thiiu iepoit, no action whatsoevei was taken by
the Authoiities. 0ui enquiiy has in fact ievealeu that some of the
tiouble makeis iesponsible foi the aison at L'Amicale, Nona Stoie,
Naicel Stoie anu inciuents at NTC weie tiavelling in a gioup on
motoicycles autocyles.
6


91. As iegaius to the infoimation ieceiveu by the NI0 anu ielayeu to the
ielevant authoiities on the eve of the game as to the match fixing, no
actions weie taken.

92. It is impoitant to note that theie weie thiee NI0 agents at Plaine
veite neai Khauafi Squaie as fiom 17:uu his on the 2S
iu
Nay 1999.

6
See Chapter entitled The bigger picture
146

9S. The call logs of the NI0 woulu have ievealeu:

i. The time at which a ciowu staiteu to gathei at
Khauafi Squaie
ii. The time at which the ciowu left towaius
Chanceiy Bouse.
iii. These calls logs woulu have also ievealeu whethei
the Infoimation Room was effectively maue awaie
of this fact anu woulu have sheu the light as to who
was iesponsible foi the fact that no piompt actions
weie taken.

:,"#) P77J 79 @">9"#7> !74,;+ Q$"$,7>

94. The Biaiy book of Fanfaion police station cannot be ietiaceu. It
woulu have inuicateu:

i. The numbei of police officeis who weie on uuty
on that uay.

ii. The numbei of police officeis who weie on extia
uuty at L'Amicale actually signeu in to go to woik
at L'Amicale.
iii. The exact time at which the police station
ieceiveu the news iegaiuing ioau tiaffic pioblems
anu the iemeuial actions which weie taken.

iv. The exact time at which police officeis weie
posteu at uiffeient coineis of Royal Stieet.

v. The exact time at which they weie infoimeu of the
inciuents in the aiea, incluuing the setting of fiie
in a bus neai Nohun Botel.
147

vi. The time the assault on one of the police officei
posteu on Royal Stieet was iepoiteu.

vii. The time at which CI Fullee came to the station to
aim himself.

viii. The time at which smoke was fiist seen
emanating fiom Amicale.

ix. The time at which the infoimation was ielayeu
fiom Fanfaion Police Station to the Infoimation
Room of the police.

x. Whethei any police vehicle was useu to convey a
police officei to hospital befoie 18 Su his.

xi. Whethei any weapons fiom Fanfaion went
missing on the 2S
iu
Nay 1999.

xii. Whethei any bus was stoneu on L#&#2%#,' Roau.






-722+>$*'

9S. All of the above infoimation woulu have been obtaineu (fiom the
Biaiy Book of Fanfaion Police Station anu woulu have enableu the
light to be sheu on all of these issues hau the uiaiy book of the Police
station been founu. In fact, oui enquiiy has ievealeu that:

148
a) The police station of Fanfaion was unueimanneu.
b) 0ut of the 7 - 8 police officeis
7
who weie paiu to peifoim
extia uuty at L'Amicale, only two weie actually piesent at
L'Amicale.
c) The police station was maue awaie of ioau tiaffic pioblems
at aiounu 17 4u anu Police 0fficeis weie posteu at the
coineis of Royal Stieet aiounu 18uu.
u) 0ne of these officeis, was assaulteu minutes aftei he was
posteu.
e) At about the same time, infoimation was ieceiveu at the
police station to the effect that a bus was set on fiie neai
Nohun Botel.
f) CI Fullee came at the station to aim himself befoie 18 Su.
g) The aison at L'Amicale occuiieu veiy shoitly aftei a fiie
was set neai Nohun Botel anu the same gioup who was
involveu in that inciuent weie also involveu in the aison at
L'Amicale.
h) A weapon of the police station was iepoiteu to have gone
missing on the 2S
iu
Nay 1999.



P77J* ,> #+4"$,7> $7 27=+2+>$ 79 $.+ WF!( ">5 $.+ Q(@

96. The books showing the movement of the uIPN anu the SNF aie
untiaceable.

<7R677J 79 F>97#2"$,7> X772

97. The Infoimation Room is the equivalent of the neivous system of the
Police Foice.

7
Five of these police officers are Caporal 1686 Dunputh, Constable 2079 Emrith, Constable 3805
Seeneevassen, Constable 1481 Nuckchady, Constable 6317 Pookhun
149
98. The telephone logbook of the Infoimation Room woulu have shown
all the calls emanating to anu fiom the Infoimation Room thus
inuicating the piecise timings as the events unfolueu.

-722+>$*'

99. 0ui enquiiy has ievealeu that the Infoimation Room was appiaiseu
of the inciuents which bioke out as the match was uiawing to a
close. Since it was common knowleuge that suppoiteis of Scouts
Club gathei at Khauaffi Squaie aftei football games playeu at Anjalay
Stauium, was the infoimation that inciuents bioke out ielayeu to the
ielevant authoiities. If this was uone, why no actions hau been
taken to inciease police piesence in the aiea.

1uu. The logbook woulu have also shown at what time the inciuents
bioke out in Poit Louis i.e Stoning of a bus along Nilitaiy Roau,
Setting of a bus on fiie neai Nohun Botel, Aison at L'Amicale, Aison
at Nona Stoie, Aison at Naicel Stoie, Inciuents at NTC, Inciuents at
NFA.

1u1. Fuithei, the logbook of the Infoimation Room woulu have uiscloseu
at what time the Infoimation Room was maue awaie of the fact that
a iiotous ciowu was moving fiom Khauaffi Squaie to the offices of
the Nauiitius Football Association.

1u2. The logbook of the Infoimation Room woulu have also shown at
what time the Infoimation Room iequesteu the suppoit fiom the
SS0.






150
1uS. It woulu also have ievealeu a host of othei infoimation which,
togethei with the othei finuings of the iepoit, woulu have confiimeu
amongst othei facts:

a. The inaction of the authoiities anu the consequences
of the inaction.
b. Theie weie two sets of uistuibances: 0ne
spontaneous fiom hooligans anu a seconu one well
piepaieu anu piemeuitateu fiom teiioiists using the
hooligans as covei.

1u4. That logbook has unfoitunately uisappeaieu.

:,"#) P77J 79 P",+ 53 1726+"3 !74,;+ Q$"$,7> ">5 -F:

1uS. Yet anothei convenient uisappeaiance is that of the Biaiy Book of
Baie uu Tombeau Police Station.

1u6. That Biaiy Book woulu have shown the movement of the peisons
who hau been aiiesteu in connection with the aison at L'Amicale
anu who weie at some point in time, foi no specific ieason, biought
to Baie uu Tombeau Police Station. 0ui enquiiy has ievealeu acts of
police biutality on the peison of Fico.
8


:,"#) 677J* 79 C46+#;#726,+ !74,;+ Q$"$,7> ">5 -F:

1u7. Those uiaiy books woulu have confiimeu amongst othei issues:

a. The time at which inciuents staiteu in that
aiea.
b. The way in which the witnesses who
implicateu the convicts weie tieateu piioi to
inciiminating the convicts.

8
Annexe 12
151
c. That the police investigation was flaweu in
iespect of the way in which iuentification
pioceuuies weie caiiieu out.

:,"#) 677J 79 !4",>+ Y+#$+ !74,;+ Q$"$,7>

1u8. The Biaiy Book of Plaine veite police station has also conveniently
gone missing. 0ui enquiiy has ievealeu that at a fiist instance, the
page of the Biaiy Book ielating to the 2S
iu
Nay 1999 hau been toin
off fiom the book. Theieaftei, the book itself hau uisappeaieu.

1u9. That Biaiy Book woulu have confiimeu:

a. The time at which a ciowu staiteu to gathei at Khauafi
Squaie.
b. The time when the ciowu staiteu to thin out anu
iegioup at vallee Pitot.

1.+ #+;7#5* 9#72 $.+ @,#+ P#,R"5+

11u. The iecoius fiom the Fiie Biigaue station woulu have ievealeu
among othei facts:

a. The numbei of officeis affecteu at the station on that
uay anu the equipment that weie at theii uisposal.
b. The numeious phone calls ieceiveu even befoie the
match staiteu anu the natuie of these phone calls.
c. The time at which a fiist unit of the Fiie Biigaue left
the station to attenu a iequest at La Nicolieie.
u. The time at which the Fiie Biigaue ieceiveu a iequest
to attenu a fiie wheieby a bus hau been set ablaze
neai Nohun Botel.
e. The time at which the Fiie Biigaue contacteu Pope
Benessy police station to iequest foi police escoit.
152
f. The time at which a unit left the station to attenu the
iequest anu the time it came back.
g. Whethei above iequest was in fact attenueu to anu if
not, the ieasons given why it was not possible to
attenu.
<+ "+$&- Q+, '7R+#,5 /%1 ,'B'%&'4 2/%2 #7 6%$2 2/' )#,'
H,#>%4' $*+&4 7*2 %22'74 2/' ,'R+'12 1#7$' % 1'$*74
8*&#$' '1$*,2 ,'R+'12'4 6,*" .,*+ )%76%,*7 8*&#$' 12%2#*7
4#4 7*2 2+,7 +8C

h. The time at which the Fiie Biigaue was appiaiseu of
the fiie at L'Amicale..

i. The time at which the Fiie Biigaue iesponueu to that
iequest.

j. Whethei theie was in fact a iiotous ciowu which was
blocking the entiance exit to the baiiacks.

k. The time at which a unit of the SS0 came to the
baiiacks to escoit the Fiie Biigaue to Amicale.

l. The numbei officeis who weie involveu in fighting the
fiie at L'Amicale.

1.+ 5,"#) 677J 79 Y"44++ !,$7$ !74,;+ Q$"$,7>

111. The uiaiy book of vallee Pitot police station woulu have ievealeu the
time at which theie weie inciuents in vallee Pitot anu in fiont of
vallee Pitot Police station anu why they uiu not inteivene when
Naicel Stoie was being looteu.

153
112. It woulu also have ievealeu the name of the officeis who weie on
uuty at that time anu the iesponse which ensueu following iepoits
of the inciuents at vallee Pitot.

11S. Theie woulu also have been entiies maue following attenuance of
police officeis to the saiu inciuents. Fiom these entiies, the following
woulu have been known:- the numbei of peisons who weie involveu
in the inciuents, the means of tianspoit which weie useu anu theii
mouus opeianui.

























154
Part 4: Disconcerting facts

114. 0ui enquiiy has ievealeu a numbei of othei uisconceiting facts.
Those ueseiving paiticulai attention aie:

a. The fact that the Piesiuing }uuge at the Assizes hau attenueu the
funeial of a few of the victims.
b. The fact that a membei of the juiy was excluueu only by ieason of
his ieligious belief.
c. The exclusion of the conclusions of the expeit fiom Scotlanu Yaiu.
u. That theie hau been numeious thieatening letteis sent to the
ownei of L'Amicale ue Poit Louis piioi to the 2S
iu
Nay 1999.
e. The situation in ielation to witness Raymonu Zamii
f. The eviuence of Nis. Raymonue Latoui iegaiuing Salim uoonjaiia.
g. The Police misleauing the Piime Ninistei.
h. The situation iegaiuing the Fiie Seivices

















155
Chapter 17: Impartiality of trial judge?

11S. It hau been iepoiteu that the juuge who subsequently piesiueu the
Assizes in the Amicale case, iaiseu a couit session in oiuei to attenu
the funeial of some of the victims.

116. Senioi Counsel Yusuf Nohameu who appeaieu foi convicts Nounou
anu Bb also ievealeu to us uuiing the couise of oui enquiiy that
when he became awaie that the saiu juuge who hau attenueu the
funeial of the victims of the Amicale aison was going to piesiue the
assizes in the Amicale case, he immeuiately took steps to infoim the
then Chief }ustice , Bon. Pillay, of the peiception of bias.

117. In fact, Senioi Counsel has ievealeu how he went to seek auvice fiom
one of the most senioi baiiisteis in the piofession.

118. Be was auviseu to see the Chief }ustice anu explain the situation so
that anothei juuge be appointeu. Ni. Nohameu S.C uiu in fact meet
the Chief }ustice anu explaineu how it was in the inteiests of justice
that anothei juuge be appointeu as to limit any peiception of bias.

119. Bowevei, the iequest of Senioi Counsel was tuineu uown by the
Chief }ustice thus putting the }uuge himself in a uifficult position.

12u. Theie is no uoubt that the peiception of bias was a ieal issue since
by attenuing the funeial of some of the victims of the aison, the
piesiuing juuge coulu not subsequently be peiceiveu as being
impaitial.

121. Impaitiality noimally uenotes the absence of piejuuice oi bias. Its
existence oi otheiwise can be testeu in vaiious ways.

156
122. In Englanu, the Couits have uistinguisheu between a subjective
appioach, that is, enueavouiing to asceitain the peisonal conviction
oi inteiest of a given juuge in a paiticulai case - anu an objective
appioach - that is ueteimining whethei the saiu juuge has offeieu
sufficient guaiantees to excluue legitimate uoubt in this iespect.
9


12S. In applying the subjective test, the Couit has consistently helu that
the peisonal impaitiality of a juuge must be piesumeu until theie is
pioof of the contiaiy.

124. The Couits have iecogniseu the uifficulty in establishing impaitiality
baseu on the subjective appioach anu foi this ieason have, in the
vast majoiity of cases iaising impaitiality issues, focusseu on the
objective test.

12S. Bowevei, theie is no wateitight uivision between the two notions,
since the conuuct of a juuge may not only piompt objectively helu
misgivings as to impaitiality fiom the point of view of the exteinal
obseivei (the objective test) but may also go to the issue of his oi
hei peisonal convictions (the subjective test).

126. As to the seconu test, it means ueteimining whethei, quite apait
fiom the peisonal conuuct of any of the membeis of that bouy, theie
aie asceitainable facts which may iaise uoubts as to its impaitiality.
In this iespect, even appeaiances may be of some impoitance.

127. In the !"#$%&' case, whethei vieweu fiom a subjective oi objective
appioach, it cannot be saiu that the piesiuing juuge was impaitial,
having himself iaiseu a couit session in oiuei to be able to attenu
the funeial of the victims.




9
Disciplinary and Regulatory Proceedings 7
th
Edition Brian Harris OBE QC
157
Chapter 18: Exclusion of a potential member
of the Jury

128. The following is an extiact of the Couit pioceeuings of the assizes
uateu 6
th
Novembei 2uuu as iegaius to the empanelling of the juiy:

Z(XN X[WFQ1XCX'\ W7J34*,>R E"2"4 !#"J"*. C>">5

-VSX1'\ No. S6 - uokulsing Kamal Piakash Ananu, Finance
0fficei.

(]N ]N (VDC([: Q- '\ I uo not challenge him, Ny Loiu.

-VSX1 '\ The State.

(XN QN PVV<[<< '\ 87 ;."44+>R+^ () <7#5N

-VSX1 '\ Anything to say.

(XN WVES<QF8W EC(C< !XCECQD C8C8:'\ This is not my ieal
name

-VSX1 '\ This is not youi ieal name. What is youi ieal name,
then.
(XN WVES<QF8W EC(C< !XCECQD C8C8: '\ F ."=+ ;.">R+5
2) >"2+ $7 M"2"4775++> (7."2+5N

-VSX1 '\ Paiuon!

(XN ]N (VDC([: Q- '\ }amalooueen Nohameu

-VSX1 '\ Any uocument to show that.

158
(XN ]N (VDC([: Q- '\ This is not a giounu foi challenge.

-VSX1 '\ When was that.

(XN WVES<QF8W EC(C< !XCECQD C8C8: '\ (Inauuible)
-VSX1 '\ Then you shoulu have infoimeu the Nastei anu
Registiai.
(XN WVES<QF8W EC(C< !XCECQD C8C8: '\ (Inauuible)
-VSX1 '\ No, it is an IB, in youi IB caiu - well, he is an officei
of the Supieme Couit.

(XN ]N (VDC([: Q- '\ Be is an officei of the Supieme Couit.

(XN X[WFQ1XCX '\ Be was woiking heie.

-VSX1 '\ Be was woiking heie - you uon't want him.

(XN ]N (VDC([: Q- '\ No, I want him.

(XN PVV<[<< '\ Q7^ A+ "#+ ;."44+>R,>RNO
129. It is cleai fiom the above extiact that this potential membei of the
juiy was challengeu anu subsequently excluueu fiom the juiy panel
because he hau changeu his name fiom uokulsing Kamal Piakash
Ananu to }amalooueen Nohameu.

1Su. Counsel foi the piosecution hau no objection when that peison
stateu his name was uookulsing Kamal Piakash Ananu. When that
same peison stateu he hau changeu his name, Counsel foi the
piosecution challengeu him.

1S1. No ieason hau to be given by Counsel foi the piosecution foi the
challenge but it is most eviuent fiom a ieauing of the above why that
paiticulai membei of the juiy was excluueu.

159
Chapter 19: The expert from Scotland Yard

1S2. The goveinment of Nauiitius ietaineu the seivices of Ni. }ohn
Nichael Bonohue, Betective Chief Supeiintenuant of Police, of
Scotlanu Yaiu in oiuei to investigate into the Amicale aison anu also
the uhoiah Issac uiive by.

1SS. Ni. Bonohue aiiiveu in Nauiitius on 1S
th
Septembei 1999 anu
stayeu foi a peiiou of foui anu a half weeks.

1S4. Buiing the peiiou of assignment, Ni. Bonohue was pioviueu with
fiee boaiu anu louging, fiee ietuin fiist class ticket fiom the 0K to
Nauiitius, logistics suppoit incluuing peisonal computei, telephone,
mobile phone, fax, chauffeui uiiven cai as well as a team of peisons
on whom he coulu count foi suppoit.

1SS. Be was also given Rs. 2S, uuu pei week anu a fuithei Rs. 2uuu pei
week to catei foi out of pocket expenses.

1S6. Ni. Bonohue was theiefoie, cleaily expecteu to help the local
investigation in a substantive mannei in view of the tieatment which
was accoiueu to him.

1S7. Bowevei, the finuings of Ni. Bonohue weie nevei maue public anu
the pieliminaiy enquiiy hau alieauy staiteu befoie Ni. Bonohue
finisheu his assignment.

1S8. In fact, oui enquiiy has ievealeu that the Betective Chief
Supeiintenuant of Police was puzzleu as iegaius to the mannei in
which the investigations in both the L'Amicale anu the uhoiah Issac
case weie caiiieu out.

160
1S9. 0ui enquiiy has also ievealeu that Ni. Bonohue in fact subsciibeu to
the view of the Fiench militaiy officei
1u
who uesciibeu the attack on
L'Amicale as a well piemeuitateu ciime of a militaiy oi teiioiist
natuie iathei than spontaneous actions fiom hooligans.

14u. It has also come to light that the police officeis who weie iequesteu
to woik with Ni. Bonohue weie not foithcoming to help the lattei in
his enueavoui to finu the tiuth.

141. 0ui enquiiy has ievealeu that Ni. Bonohue was taken aback by the
fact that the pieliminaiy enquiiy hau alieauy staiteu when the
investigation itself containeu so many flaws, giey aieas anu
unansweieu questions.

142. Ni. Bonohue was also puzzleu by the fact that, even if witness
Thupsee was to be believeu, the police maue no effoit whatsoevei to
tiy anu look foi those peisons who weie iesponsible foi fabiicating,
caiiying, uistiibuting anu huiling the Nolotov cocktails.

14S. Finally, Ni. Bonohue was highly ciitical of the whole of the scientific
aspect of the investigation.

144. What is a mattei of huge concein howevei, is that the investigatois
uiu not ueem it necessaiy to wait foi the conclusions of Ni. Bonohue
anu staiteu the pieliminaiy enquiiy even befoie Ni. Bonohue
completeu his mission.

14S. What was the point, then, of ietaining the seivices of Ni. Bonohue if
no use whatsoevei was maue of his finuings.





10
Annexe 13
161
Chapter 20: Threatening letters

146. 0ui enquiiy has ievealeu that piioi to the 2S
iu
Nay 1999, the ownei
of the casino hau on many occasions ieceiveu letteis of thieats fiom
anonymous souices.

147. Those letteis uigeu Ni. }ean Noel Lai Yau Tim to cease the opeiation
of the casino.

148. Ni. }ean Noel Lai Yau Tim left the mattei in the hanus of the police.
Bowevei, no action whatsoevei was taken by the ielevant
authoiities at the time.

149. Be that as it may, aftei the aison of the 2S
iu
Nay, the least that the
investigatois ought to have uone was to open a line of enquiiy as
iegaius to the anonymous letteis pieviously ieceiveu. This was
nevei uone oi even consiueieu by the police.

1Su. The fact that thieats hau been maue to the ownei of L'Amicale on
many occasions well befoie the tiagic events of the 2S
iu
Nay 1999
goes to show that theie weie some people oi a gioup of inuiviuuals
who cleaily hau issues as iegaius to the opeiation of that paiticulai
game house.

1S1. This also ieinfoices the iuea that the aison of L'Amicale was a
piemeuitateu act.







162
Chapter 21: Raymond Zamir

1S2. Thiee key woikeis who weie woiking at the gamehouse at the
mateiial time weie not heaiu by the couit at the Pieliminaiy inquiiy
noi at the Assizes. By theii meie piesence at the locus, theii
eviuence woulu have unuoubteuly been enlightening.

1SS. The thiee key woikeis weie: Raymonu Zamii, Bugo anu }ohnny
Latoui

1S4. Among the thiee witnesses, Raymonu Zamii ueseives paiticulai
attention.

1SS. At the Assizes, the iepiesentative foi the Biiectoi of Public
Piosecutions stateu that no witness statement hau been iecoiueu
fiom the saiu Raymonu Zamii.

1S6. Is that statement tiue. Is it coiiect to state that Ni. Zamii was not
known to the police oi that he uiu not tuin up foi police enquiiy.
Bau Raymonu Zamii paiticipateu in a ieconstiuction exeicise.
11


1S7. Buiing the couise of the enquiiy, Raymonu Zamii has been ietiaceu.
This is what he stateu when inteivieweu:

i. As fiom the 24
th
Nay 1999, he went at the piemises of
L'Amicale eveiyuay foi seveial consecutive uays in an
attempt to asceitain what woulu be his futuie job
piospects.
ii. Be was available anu most willing to coopeiate with
the police.
iii. Be went to Line Baiiacks au he was inteivieweu by
the police.

11
Annexe 14
163
iv. Be was photogiapheu by police photogiaphei uuiing
a ieconstiuction exeicise.
v. Be was iequiieu by police officeis to show the spot
wheie he was stanuing on the 2S
iu
Nay 1999.
vi. Be was calleu by the police on numeious occasions.
vii. Be was witness no. S on the list of witnesses foi the
piosecution.
viii. Bis piesence was iecoiueu by the Bonouiable
Nagistiate on a few occasions until he was infoimeu
that he was not iequiieu to uepone.
ix. Be was maue to sign ceitain papeis at the Line
Baiiacks.

V3# ,>$+#=,+A A,$. X")27>5 _"2,# "4*7 #+=+"4+5 $."$'

1S8. Be was the secuiity guaiu posteu at the uooi of !"#$%&' situateu on
Royal stieet giving access to the giounu flooi of the game house
wheie theie weie slot machines.

1S9. Be watcheu the saiu football match on television in the game house
anu was awaie of the inciuents at Anjalay stauium following the
match.

16u. Aftei the ceiemony wheieby Fiie Biigaue weie ciowneu champions,
he went out on the pavement to take some fiesh aii when suuuenly
he saw what he believeu to be a ciowu of Scouts Club suppoiteis
mainly uiesseu in ieu anu gieen coming fiom la >%,' 4+ 7*,4 anu
taking the ioau aujacent to }hummah Nosque anu then tuining left
i.e. onto Royal Stieet towaius L'Amicale. Accoiuing to him, it was
aiounu 18 uuhis. The thieatening behavioi of the ciowu was cleai
anu accoiuing to the instiuctions as to what to uo in those type of
situations, he immeuiately came back insiue the builuing, closeu the
shutteis anu lockeu it them fiom insiue with a paulock.

164
161. This was the ioutine pioceuuie to be caiiieu out whenevei theie
weie inciuents oi that inciuents weie thought to be imminent. This
hau been uone on pievious occasions penuing the aiiival of the
police.

162. Be was the peison who, latei, with the help of anothei woikei bioke
the paulock
12
to allow people to get out of the builuing.

16S. Be was suipiiseu to leain that a police officei who was insiue
L'Amicale claimeu to have bioken the paulock.
1S
Be was even moie
suipiiseu to leain about the seconu veision of the police to the effect
that the shutteis weie openeu fiom the outsiue by the police.

17 >7$+' The shutteis weie not smasheu anu weie in a
usable state even aftei the fiie. If the shutteis weie openeu
fiom the outsiue by the police, theie woulu have been some
soit of tiace left.

164. At no time uiu he see any cocktail Nolotov being huileu at the
Amicale.

16S. The aleit to the police was given at an eaily stage anu he was
puzzleu as to why the police only came on spot aftei 19 uu his.

166. When the SS0 eventually came on the spot, theie weie a few peisons
who weie tiappeu on the fiist flooi of the balcony anu they weie
helpeu by the membeis of the public anu SS0 to get uown.

167. A police officei listeneu to his veision of facts minutes aftei he got
out.



12
In the chaos, the keys to the padlock had been lost.
13
Witness PC Seeneevassen claimed to have broken the padlock.
165
Chapter 22: Mrs Latour

168. Nis. Naiie Raymonue Latoui was the only witness foi the
piosecution who by hei own fiee will gave statements to the police
implicating one of the accuseu paities at the Pieliminaiy Enquiiy
(PE).

169. At the PE itself, Nis. Latoui was again, the only mateiial witness
who uiu not make any allegation of police piessuie in oiuei to
implicate that accuseu paity.

17u. In fact, Nis. Latoui ueponeu in a veiy coheient mannei against that
accuseu paity uespite the fact that in Nay 1999, Nis. Latoui was
living with that same accuseu paity.

171. The name of that Accuseu paity is Salim uoonjaiia. In hei ueposition,
Nis. Latoui explaineu how:

a. She met Salim uoonjaiia on the 21
st
Nay 1999 anu the
lattei stayeu at hei place at Cite Bubieuil.
b. Be left on Satuiuay moining anu she uiu not see him
until Nonuay the 24
th
Nay 1999.
c. She hau contact with him by phone on Sunuay the 2S
iu

Nay 1999. Salim calleu hei fiom a mobile (No.
2SS2S97) which bill was piouuceu in Couit to hei
house phone (No. 66SSSS9).
u. A numbei of calls weie maue between Salim uoonjaiia
anu heiself.


172. When queiieu about the tenuie of the phone conveisations, Nis.
Latoui ievealeu the following:

166
-./'7 I %1E'4 /#" SE#6', 3%77'1 4#"*+7' 6#7' "'22' 4#6'
4%71 T9!"#$%&'C ;7' 8'$/' 1%U M' 2*&4 "' ST' "%& 6#7'
4'2,+#,'U

I 2*&4 /#" S'7' 8'$/' 1%U 3'$%+1' /' 2*&4 "' 2/%2 2/','
0',' 8'*8&' #71#4' 2/' T9!"#$%&'C

!2 2/' 3%$E>,*+74 I $*+&4 /'%, 7*#1'C I /'%,4 /#" 2%&E#7>
*7&5 2* LIQ 0/#12 /' 0%1 2%&E#7> 2* "'C

V/'7 /' 0%1 2%&E#7> 2* "' /#1 B*#$' 4*'1 7*2 1''" 2* 3'
7*,"%& %1 +1+%&C H5 7*2 3'#7> 7*,"%&D #2 %88'%,'4 2/%2 #2 #1
% 8',1*7 0/* /%1 8,*3&'" %74 /' 0%1 1*"'0/%2 7',B*+1C
M' 0%1 2%&E#7> %&*+4C ./' 2*7' *6 /#1 B*#$' 0%1 S+7 8'+
3,+2%&U :W<

17S. Buiing hei ueposition, Nis. Latoui was iefeiieu to the statement she
hau given to the police anu she agieeu as to its contents. The
following aie extiacts of hei statement uateu 1S
th
}une 1999:

9+*0+ JCC'F K JCCCL-
-T# 6#7' ,' 2'&'8/*7' "*# B',1 X /'+,'1D &% &# 6#7' 4#,' "*#D
>+'22' 4%71 2'&'B#1#*7 8' 8%11' 1% 3%77' 3*+2' &%D >+'22' 1%
3%77' >*%& &% "* 8%1 2# 4#,' 2*# 6#7' B'74' 1%C .# 6#7# B'74'
1% "%2$/ &% Y1C =??D ??? '2 &# 6#7' $*+8' 2'&'8/*7'C9

-P%&#" 6#7' 4#,' "*# 8,' $*2' 6%#,' &% 8,#',' '7% '7' "%#1*7
4' K'+ 1% "'"' Z*2 3' $,%11' $%C ;7% '7' $#7R+%72%#7'
4#"*+7' 4',,#',' "*#C T# 6#7' 4#,' "*# '7% 3%77' 6%"#&&'1
3'%+$*+8D 3%77' "%4%"' 8' 1*+66',2 8%,$'R+# 4%71 &% 6#7
4+ "*#1 3'%+$*+8 3%77' "%,# 8',4# Z*22' $%11' 4%71
T9!"#$%&' '2 "* 8%8% %+11# R+%74 &# 2# 2#82#CT' "%& 8'
4'2,+#,'9

167
-P%&#" 4#,' "*# "* 3#Z#7 ,'12' &% 8*+, >+'22', &' "%& 8'
4'2,+#,'C F' R+# '7% 8*+, %,,#B', 8' %,,#B',C O%1 3#1#7 2*
2,%$%11',C9

-P%&#" 6#7' ,'8*7' "*# Y%5"*74' 8%1 3#1#7 2,%$%11' 8%1
8*+ %,,#B' "*# 7%7#',C L* 8%1 8*+ >%>7' 7%7#', &% 4%71C9

-L* &% $%1'D 2,%B%#&&' R+# 2# '7% 8*+, 6%#,' #7 6#7# 6%#,'C T'
"%& 6#7' 4'2,+#,'C9

174. At 974,7 `&&&& of hei statement uateu 1Sth }une 1999, Nis. Latoui
explaineu what happeneu when she confionteu Salim uoonjaiia
about the inciuents of the 2S
iu
Nay 1999:

-T% "* 4#,' P%&#" R+# "* 8%1 8*+, "%,#', %B'$ &#C T# 4#,'
"*# 3*74#' 6#7' '7B*5' 8*+, 6%#,' 2,%B%#&&' &% '2 2,%B%#&&' &%
6#77' 6%#,'C9


17S. In cioss examination, Nis. Latoui stateu that the whole uuiation of
hei conveisation with Salim uoonjaiia ovei the phone on the night
of the 2S
iu
was 2u - 2S minutes.

176. Bowevei, when confionteu with the bill that hau been piouuceu, the
calls between the cellphone anu the house phone of Nis Latoui
totalleu only 2.4S seconus.

177. That was a majoi uisciepancy anu clouueu testimony of Nis. Latoui
who hau been consistent so fai.

178. Since theie was little eviuence apait fiom the ueposition of Nis.
Latoui against Salim uoonjaiia, the lattei was not committeu to the
Assizes.

168
179. 0ui enquiiy howevei has sheu new light on that aspect of the case.

18u. Fiist of all, oui enquiiy has ievealeu that at the time Salim uoonjaiia
hau two mobile phones. 0ne boiioweu fiom Nis. Latoui, which bill
hau been piouuceu in Couit anu anothei one foi himself which bills
hau nevei been piouuceu oi even ietiaceu by the police.

181. The calls between Salim uoonjaiia anu Nis. Latoui totalling 2u - 2S
minutes hau in fact anu tiuly occuiieu anu weie maue fiom the
othei phone Salim uoonjaiia hau in his possession anu which bill
was nevei piouuceu.

182. 0ui enquiiy has also ievealeu that Salim uoonjaiia was uiiectly
implicateu in the aison at L'Amicale. The following is an extiact of
the affiuavit of Convict No. 1, Nounou
14
:

-Q7 2/' 0%5 2* 2/' L)! 2/' 8,*$'11#*7 $%"' 2* % /%&2 %74 %
8',1*7 0/*" I E7*0 35 2/' 7%"' *6 P%&#" N**7K%,#%
%88,*%$/'4 2/' $%,D &'%7'4 *B', %2 "5 0#74*0 %74 12%2'4
2/' 6*&&*0#7> 2* "'[

MD++"+: / "+:5 /**& 2,:*& N308/*& 3+ /,3&&O

P%&#" N**7K%,#% 2*&4 "' 2/%2 /' 0%1 %,"'4 %74 2* >* 0#2/
/#" %74 1'2 6#,' 2* &9!"#$%&'9

I #>7*,'4 /#" %74 $%,,#'4 *7 #7 2/' 8,*$'11#*7C M*0'B',D
P%&#" N**7K%,#% $%"' 3%$E %74 I 7*2#$'4 2/%2 /' /%4 %
3&%$E 1%2$/'& #7 /#1 8*11'11#*7 0/#$/ /' 0%72'4 "' 2* E''8
#7 "5 $%,C I ,'6+1'4 %74 $%,,#'4 *7 0#2/ 2/' 8,*$'11#*7
2*0%,41 L)!C

:W<

14
Annexe 15
169

I7 2/' 5'%, A\\\ 0/'7 I 0%1 *7 ,'"%74 %2 H'%+ H%11#7
8,#1*7 *7 *7' 8%,2#$+&%, %62',7**7D I 0%1 1#22#7> #7 % >,*+8
*6 *2/', #7"%2'1 %74 2/' 1%#4 P%&#" N*+7K%,#% 0/* I /%4
"'72#*7'4 '%,&#', %74 0/* 0%1 %&1* %,,'12'4 #7 $*77'$2#*7
0#2/ 2/' !"#$%&' $%1'D 1%#4 2/' 6*&&*0#7> 2* "' #7 6,*72 *6
2/' *2/',1P QD+:"+: 3+ 8+""& $+0P $+ &"& 2&/: ),R,&@ <+
0""+8&"$P S+$$& $+:5 60 */ 0""+8&"$@ D+ ./5 .& 8/./1&
(+,30@ N*+,5 3+ . (&3/"(& S+$$& &H8:5& 3+0@ D+ .+:
.,&"( $+:$ 8%/,4&5AD "'%7#7> L*+7*+D I E7*0 5*+D 5*+
%,' "5 3,*2/', #7 &%0C ]*+ %,' #77*$'72 %74 1* #1 %&& *6 5*+C
I $%77*2 1&''8 %74 I %" %1E#7> %&& *6 5*+ 2* 6*,>#B' "'C I
0#&& 3'%, %&& *6 2/' $*71'R+'7$'1C

^8*7 /'%,#7> 2/%2 12%2'"'72D _%Z#" T%+&&** 0/* 0%1 %&1*
%,,'12'4 #7 2/' !"#$%&' $%1' %74 0%1 #7 2/' >,*+8 0#2/ +1D
%1E'4 P%&#" N**7K%,#%D 0/%2 0*+&4 /%88'7 #6 /' 0',' 2* 3'
,'&'%1'4 %62', 2/' 8,'&#"#7%,5 '7R+#,5C

P%&#" N**7K%,#% ,'8&#'4 2/%2 #6 2/%2 #1 1*D 2/'7 /' 0#&& >*
/*"' %74 0#&& #"8&#$%2' %75*7' 0/* "%E'1 %&&'>%2#*71
%>%#712 /#"C

./%2 0%1 0#27'11'4 35 2/' 6*&&*0#7> 8'*8&'[ "5 3,*2/',
H`3`D I11% O'',2+"D _%Z#" T%+&&** %74 L%/"%4' Y%"K%7'C

Q7 %7*2/', *$$%1#*7D P%&#" N**7K%,#% 12%2'4 2/' 6*&&*0#7>
2* "' QD+:"+:P 50 $+ $0 4/,(& 3+ 5/8+8%& */ /1&8 $+0P
8/./1& N308/*& ./5 $0 .+: 2,:*&,A "'%7#7> L*+7*+D #6
5*+ /%4 E'82 2/' 1%2$/'& I >%B' 5*+ *7 2/' a=
,4
L%5 A\\\D
!"#$%&' 0*+&4 7*2 /%B' 3+,72 4*07C

I %1E'4 /#" 0/%2 /' "'%72 %74 /' ,'8&#'4 2/%2 2/' 1%2$/'&
$*72%#7'4 #7$'74#%,5 4'B#$'1C
170

M*0'B',D %62', % 6'0 0''E1 8%11'4 35D 2/' 1%#4 N**7K%,#%
$/%7>'4 /#1 %22#2+4'C M' 12%2'4 2/%2 /' /%4 6*+74 % 0%5 *+2
*6 2/' $%1' %74 2/%2 /' 0*+&4 #"8&#$%2' %75*7' 0/*
,'B'%&'4 2/' 2,+2/ %3*+2 0/%2 /' /%4 12%2'4 #7 8,#1*7C

P#7$' I /%4 6%#2/ #7 *+, K+12#$' 1512'"D I E7'0 2/%2 2/','
$*+&4 7*2 8*11#3&5 3' %75 'B#4'7$' %>%#712 "' %74 2/%2 2/'
0#27'11'1 0*+&4 18'%E 2/' 2,+2/D I 4#4 7*2 4''" #2
#"8*,2%72 2* 4* %752/#7> %3*+2 0/%2 N**7K%,#% 12%2'4 2*
+1 '18'$#%&&5 #7 2/' &#>/2 *6 /#1 2/,'%21C

L*,'*B',D #7 8,#1*7 I 3'$%"' %0%,' *6 2/' '@#12'7$' *6 %
2',,*,#12 >,*+8 35 2/' 7%"' *6 -;1$%4,*7 4' &% L*,29 0#2/
0/*" P%&#" N**7K%,#% 0%1 %88%,'72&5 %11*$#%2'4 0#2/ %74
#7 2/' $#,$+"12%7$'1 I 4#4 7*2 0%72 2* 4* *, 1%5 %752/#7>
0/#$/ "#>/2 '74%7>', 2/' &#B'1 *6 "5 0#6' *, 1*71C

18S. The following is an extiact of the affiuavit swoin by Ni. Imian
Nuthy
1S
who met with Salim uoonjaiia when he was uetaineu at
uRNW piison:

!2 1*"' 8*#72 #7 A\\\D 2/' '@%$2 4%2' I $%77*2 ,'"'"3',D
*7' P%&#" N*+7K%,#% 0%1 3,*+>/2 2* N,%74' Y#B#',' _*,2/
V'12 8,#1*7C

./' 1%#4 N*+7K%,#% 0%1 "%4' 2* 12%5 #7 2/' 1%"' 5%,4 %1
"51'&6 %74 0#2/ *2/', ,'"%74 8,#1*7',1 7%"'4 T%+&&**D
_''5%"+2/E/%7 %74 H**4/**C

I ,'"'"3', %7 *$$%1#*7 0/'7 L,C T%+&&** 0%1 $,5#7> %1 /'
$*+&4 7*2 3'%, 2/' 6%$2 2/%2 /' 0%1 %$$+1'4 *6 % $,#"' /'
4#4 7*2 $*""#2C ./%2 /%88'7'4 #7 6,*72 *6 2/' 1%#4
N*+7K%,#%C

P/*,2&5 %62', 2/%2 '8#1*4'D 2/' 1%#4 N*+K%,#% %88,*%$/'4 "'
%74 2*&4 "' 2/%2 /' /%4 1*"'2/#7> 2* 2'&& "'C


15
Annexe 16
171
V' /%4 % 8,#B%2' $*7B',1%2#*7 0/','35 /' 2*&4 "' 2/'
6*&&*0#7>[

QD+ (0,& +: &"& S/)&,P 3+ &"/" ,&5.&8$ .+: +:@ D+ (0,&
+: &"& S/)&, ),/"8@ D+ ./5 .& 8/./1&P 8/ $,/1/0* */ 3+0
60"& )&, 8/@A

T%&" U /56&( %03 ;%/$ Q=+2A %& ;/5 $/*60"4 /2+:$P %&
,&.*0&(- QVAN308/*& */P 3+0 60"& )&, 8/@A

Q+, $*7B',1%2#*7 0%1 $+2 1/*,2 3'$%+1' #2 0%1 2/' '74 *6
2/' 3,'%E %74 0' /%4 2* >* 3%$E 2* *+, $'&&1C

<%&"P 0" / 5:25&W:&"$ 8+"1&,5/$0+"P %& $+*( 3&
&1&,>$%0"4 /2+:$ $%& VAN308/*& 8/5&- I& &H.*/0"&( ;0$%
;%+ %& 8/,,0&( +:$ $%& /$$/86P %+; ;/5 0$ 8/,,0&( +:$
/"( ;%> 0$ ;/5 8/,,0&( +:$@

M' 2*&4 "' /' $*+&4 7*2 E''8 #2 #7 /#1 $/'12 %75"*,' 1#7$'
/' 0%1 1''#7> 6#,12 /%74 /*0 #77*$'72 8'*8&' 0','
1+66',#7>C

I ,'"'"3', %1E#7> /#" 0/5 /' /%4 $%,,#'4 *+2 2/' %22%$E
%74 /' ,'8&#'4 2/%2 /' +1'4 2* 3' % >%"3&', %74 2/%2 /' /#1
0#6' &'62 /#" 6*, 2/%2 B',5 ,'%1*7 %74 2/%2 T9!"#$%&' 0%1 %
7+#1%7$' 0/#$/ /%4 2* 3' '&#"#7%2'4C

M' '@8&%#7'4 2/%2 % 7'0 >%"' 0%1 ,'$'72&5 #72,*4+$'4 #7
T9!"#$%&' 0/#$/ "%75 *6 /#1 -3,*2/',19 0',' 8&%5#7> %74
&*1#7> 2/'#, "*7'5C M' 1%#4 #2 0%1 % K*3 0/#$/ /%4 2* 3'
$%,,#'4 *+2C

M' %&1* 2*&4 "' 2/%2 /' 0%1 ,'%45 2* %11+"' /#1
,'18*71#3#&#25 #6 /' 0',' 2* 3' $*7B#$2'4 6*, % "%@#"+" *6
2'7 5'%,1C

M' %&1* '@8&%#7'4 2* "' /*0 3'6*,' 1'22#7> *+2 *7 /#1
"#11#*7D /' 0'72 %2 % 8&%$' $%&&'4 -L*72%>7' 2# 3%11#79 %2
b%&&'' O#2*2 %74 2*&4 "' 2/%2 *7' *6 2/' 7%"' *6 *7' *6 2/'
8',1*71 0/* $%,,#'4 *+2 2/' %22%$EC

I /%B' $*""+7#$%2'4 2/' 7%"' 2* 2/' &%05',1 $+,,'72&5
'7R+#,#7> #72* 2/#1 $%1' %74 I %" ,'%45 2* >#B' 2/#1 7%"' 2*
2/' 8*&#$' *, 2* %75 F*""#11#*7 *6 ;7R+#,5C

M' 2*&4 "' /*0 2/'#, "#11#*7 0%1 2* -'&#"#7' ,*+&'22'9D 1#7$'
2/%2 0%1 2/' 7'0 >%"' 0/#$/ 0%1 #72,*4+$'4 %2 T9!"#$%&'C

M' %&1* '@8&%#7'4 2* "' /*0 %62', 1'22#7> 6#,' 2* T9!"#$%&'D
2/'5 0',' *7 2/'#, 0%5 2* 1'2 6#,' 2* 2/' L%+,#2#+1 .+,6 F&+3
172
0/'7 *7' 8',1*7 0/*" /' ,'6',,'4 2* %1 -H%,%/#"9
$*7B#7$'4 2/'" 7*2 2* >* 6*,0%,4 0#2/ 2/'#, 8&%7C

M' %&1* $*76'11'4 2* "' /*0 /#"1'&6 %74 2/' 8',1*7 0/*
0%1 %$$*"8%75#7> /#" %22%$E'4 %74 ,%"8%>'4 % 2%B',7 #7
b%&&'' O#2*2C

184. The following is an extiact of the affiuavit of Issac Peeitum
16
:

V/#&12 I 0%1 *7 ,'"%74 %2 H'%+ H%11#7 O,#1*7 #7 5%,4 7*C XC
I "'2 2/' 7#7' 8',1*71 0/* /%4 3''7 %,,'12'4 #7 $*77'$2#*7
0#2/ 2/' T9!"#$%&' $%1' %74 0/* 0',' %0%#2#7> 6*, 2/'
O,'&#"#7%,5 ;7R+#,5 #7 2/%2 $%1'C

G+,#7> 2/' O,'&#"#7%,5 ;7R+#,5 #72* 2/' !"#$%&' %,1*7D I
12#&& ,'"'"3', 2/%2 *7 *7' 8%,2#$+&%, %62',7**7 %2 %,*+74
Ac AX d Ac =? I 0%1 #7 2/' $*"8%75 *6 % 6'0 #7"%2'1
#7$&+4#7> 2/' *7' P%&#" N**7K%,#%C

V' /%4 K+12 8',6*,"'4 2/' 8,%5',1C

e+12 %62', 2/' 8,%5',1 0',' *B',D P%&#" N**7K%,#% 12**4 +8
%74 %44,'11'4 %&& 2/*1' #7 2/' !"#$%&' $%1'

M' 8,'1'72'4 /#1 %8*&*>#'1 %74 1%#4 0*,41 2* 2/' '66'$2 2/%2
2/*1' 8',1*71 0/* 0',' %$$+1'4 1/*+&4 7*2 /%B' 3''7 /','
50"8& %& %/( 8+330$$&( $%& N308/*& /,5+" /"( "+$
$%&3@

18S. So theie we have it, a self confesseu ciiminal who is piesently fiee.












16
Annexe 17
173

Chapter 23:
Police misleading the Prime Minister

186. In a pailiamentaiy session (No. B48u), Ni. B. }eeha (Seconu
Nembei foi uianu Baie anu Pouuie u'0i) askeu the Piime Ninistei
anu Ninistei of Befence anu Bome Affaiis) 'whethei in iegaiu to the
Police officeis who weie on uuty at the L'Amicale ue Poit Louis on
2S
iu
Nay last, he will, foi the benefit of the Bouse, obtain fiom the
Acting Commissionei of Police infoimation as to (.) (b) what action
was taken by the Police officeis to iescue human lives fiom the fiie
anu what help they ieceiveu fiom heauquaiteis. '

187. In his ieply, the Piime Ninistei stateu that he was infoimeu by the
Acting Commissionei of Police:

%C -2/%2 2/',' 0',' 6#B' O*&#$' *66#$',1 *7 2/' 18*2
8',6*,"#7> '@2,% 4+25 :W<9
3C -P*"' aX? 8',1*71 0',' 12#&& 3&*$E'4 #71#4' 2/' 3+#&4#7>
%1 2/' 12''& ,*&&', 1/+22',1 0',' &*$E'4 %74 $*+&4 7*2 3'
*8'7'4C H'1#4'1D 3+,7#7> $%,1 %74 "*2*,$5$&'1 0','
3&*$E#7> '72,%7$'1 %74 %&& '@#21C
V/#&' '66*,21 0',' 3'#7> "%4' 6,*" #71#4'D PP^ 8',1*77'&
+74', 2/' *,4',1 *6 2/' 1+8',#*, *66#$',1 /'&8'4 2* $&'%,
2/' '72,%7$' *7 2/' Y*5%& P2,''2 %74 6*,$' *8'7 2/' 12''&
,*&&', 1/+22', 2* '7%3&' 2/' 2,%88'4 8',1*71 'B%$+%2' 2/'
3+#&4#7>C 9

188. 0ui enquiiy has in fact ievealeu that:

i. Theie weie only two police officeis at L'Amicale
when the fiie bioke out.

174
ii. Theie weie only two exits, both of which hau been
lockeu fiom the insiue.

iii. Theie weie no cais which hau been placeu with
the specific puipose of blocking the exits.

iv. It was the employees of the casino who foiceu
open the iollei shuttei. At the time when the iollei
shuttei was openeu, police assistance hau not yet
aiiiveu on the scene.
























175
Chapter 24: Fire services

189. 0n the 1
st
}uly 1998, the Nunicipality of Poit Louis Fiie Biigaue
meigeu with the uoveinment Fiie Seivices.

19u. Befoie 1
st
}uly 1998, the Nunicipality was iesponsible foi
maintaining a Fiie Biigaue Seivice foi oui capital city.

191. No inspection of Amicale hau evei been conuucteu out piioi to 1998
by the Nunicipality. Fuitheimoie, no inspection hau been caiiieu
out by the Fiie Seivices piioi to the 2S
iu
Nay 1999.

192. As no inspection hau been caiiieu out, oui enquiiy has not been able
to say whethei theie weie, in the builuing:

Fiie escape ioutes
Fiie extinguisheis
Fiie Alaims
Any othei fiie fighting equipment

19S. 0ntil Nay 1999, the only enactment pioviuing foi safety measuies in
iespect of woikplaces is the 0ccupational, Bealth anu Safety anu
Welfaie Act 1998.

194. In the absence of iecoiu, it can be infeiieu that both the Nunicipal
Council anu the uoveinment have faileu to fullfill theii statutoiy
obligations.

19S. Since the Amicale aison, the ministiy of Local uoveinment has
auviseu the local authoiities to iequest new applicants in iespect of
any new uevelopment to seek anu obtain a uiie cleaiance fiom the
uoveinment Fiie Seivices. (viue Section 8 of the Builuing Act 1919)
176
"N 87$+' Accoiuing to oui inquiiy the builuing of Amicale
uiu have an inteinal staii case leauing to the iooftop of
the builuing which in tuin gave an easy access to
Shamping iestauiant. Police officeis peifoiming extia
uuty at L'Amicale came to know the existence of that
inteinal staii case only uuiing the ieconstiuction
exeicise.

196. 0ui inquiiy ievealeu that :

i. Aiounu 18:2u on the 2S
iu
Nay 1999 the fiie
seivices of Poit-Louis weie infoimeu by
telephone that a bus hau been set on fiie at
Royal Roau not fai fiom Nohun Stoie.

ii. The fiie seivices iequesteu the suppoit of Pope
Benessy Police to escoit them to the spot as it
was a case of iioting. The police escoiteu the
fiie seivices but upon ieaching neai Royal
Stieet, they stoppeu escoiting them on the
giounu that the aiea wheie the bus was on fiie
was not within the bounuaiies allocateu to
them. In fact, it was unuei the iesponsibility of
Tiou Fanfaion Police station which the fiie
seivices tiieu to contact. Bowevei, no contact
hau been maue because the telephone line was
constantly busy. The fiie seivices ueciueu to
ietuin to theii baiiacks. 0n aiiiving at the
coinei of Besfoiges Stieet anu Pope Benessy
stieet they noticeu a ciowu neai St Louis
Catheuial Squaie.

177
iii. 0ne membei of the Fiie Seivices was uelegateu
to make an entiy at the Pope Benessy Police
Station. At the Baiiacks the officeis hau uinnei.

iv. 0n the 2S
iu
of Nay moie than 8u acies of sugai
cane plantation weie set on fiie

v. As fiom 17:uu on the 2S
iu
Nay 1999, the Fiie
Seivices at Naillaiu Stieet Poit-Louis weie
flooueu with calls so much so that they uiu not
know which iequest to attenu.

vi. Aiounu 17 uu his one ciew was sent to la
Nicolieie to attenu a fiie that was set in sugai
cane fielus at La Nicolieie.

vii. The fiie seivices weie unueistaffeu on the 2S
iu

Nay 1999. No heeu hau been paiu to the
pievious calls foi the ieciuitment of fiie
fighteis.

viii. 0nly one peison in the whole team was tiaineu
in the opeiation of the long lauuei.

ix. Accoiuing to SP Pieiie Noel, aftei he maue the
iequest foi the assistance of the fiie seivices,
he was infoimeu that the fiie fighteis coulu not
leave theii baiiacks to attenu the fiie at
L'Amicale since theie was a iiotous ciowu in
fiont of the baiiacks.




178
-I $%&&'4 2/' I76*,"%2#*7 Y**"D M'%4R+%,2',1 *6
2/' 6#,' H,#>%4' %74 )#,' 1',B#$'1 *6 O*,2JT*+#1C I
0%1 #76*,"'4 35 2/' 6#,' 1',B#$'1 *6 O*,2JT*+#1
2/%2 2/'5 $*+&4 7*2 &'%B' 2/' &#7' H%,,%$E1
3'$%+1' 2/'5 0',' 3&*$E'4 35 % /*12#&' >,*+8 *6
8',1*719
Af


x. The IR on that uay was unuei the supeivision
of SP Ramen. If theie was effectively a iiotous
ciowu in fiont of the baiiacks, why hau SP
Ramen not uone the neeuful to uispeise that
ciowu piioi to the iequest foi assistance. It
cannot be that the IR was not awaie of same
since theie was no communication pioblem on
that uay anu the police iauio netwoik was
functioning piopeily.

xi. 0ui investigation ieveals that at no time theie
was a iiotous ciowu blocking the fiie people
fiom going to Amicale.

xii. Again, no statements weie taken fiom the
police by the fiie people.











17
Extract of the deposition of SP Noel at the Preliminary Enquiry
179
Part 5: Exculpatory evidence
Chapter 25: The tape

197. At some point in time piioi to 19
th
Febiuaiy 2uuS, Fazil Sumouhee
gave a tape to his legal auviseis which tape was a iecoiuing of a
conveisation between himself anu witness Azau Thupsee aftei the
convicts weie convicteu.

198. The gist of the conveisation is that is that Azau Thupsee aumits lying
at the Assizes anu says that he hau no choice: "Astei ki mo tiouvei
piefeie mo vine temoin ki moi ki mo pou faiie. Penan aucaine choix,
to compienus la. Bon mone calcultei comme si uiie fianchement ue
uiie hein mone calcule sa to connei magistiate ti beze moi 1S ans
piison loi sa zafei peijuie la."

199. The conveisation in effect suppoits to a laige extent the contention
of the Befence at the Assizes anu Azau Thupsee iepeateuly, in that
conveisation that the Sumouhee biotheis aie innocent anu that he
lieu at the Assizes.

2uu. The oiiginal of that tape has been maue available to us in the couise
of oui enquiiy anu it will be piouuceu at any Commission of Enquiiy
that eventually will be set up.

2u1. The tape anu its tiansciipt weie the subject of a motion to auuuce
new eviuence but the Couit tuineu uown the motion.

2u2. Since theie was no explanation as iegaius to the ciicumstances anu
the backgiounu facts ielating to the iecoiuing, this enquiiy has
investigateu fuithei in this specific iegaius.

2uS. 0ui enquiiy has ievealeu:
%C !Z%4 ./+81''D 0/* 0%1 2/'7 ,'1#4#7> #7 2/' O*&#$' 6&%21 *6
H'&& b#&&%>'D /%4 3''7 $%&&#7> )%Z#& P+"*4/''D 2/' 3,*2/', *6
F*7B#$21 A %74 aD "%75 2#"'1 3'6*,' 2/' ,'$*,4#7>C
180

3C I7 6%$2 !Z%4 ./+81'' 0%1 $%&&#7> )%Z#& P+"*4/'' 2* %1E 0/%2
$*+&4 3' 4*7' %1 ,'>%,41 2* 2/' !"#$%&' $%1' 1#7$' /' 0%1
6#74#7> #2 4#66#$+&2 2* &#B' 0#2/ 2/' &#'1 /' /%4 8,'B#*+1&5
12%2'4 #7 $*+,2C

$C )%Z#& P+"*4/''D 0/* 0%1 #7 2/' $*"8%75 *6 /#1 3,*2/',1
L*+7*+ %74 H`3` %1 6,*" A= =? 2* A\ ?? *7 P+74%5 2/' a=
,4

L%5 A\\\ E7'0 2/%2 /#1 3,*2/',1 0',' #77*$'72 %74 6*, /#"
!Z%4 ./+81'' #1 % 4%7>',*+1 &#%,C

4C )+,2/',"*,'D )%Z#& P+"*4/'' /%4 1''7 /*0 "%7#8+&%2#B'
!Z%4 ./+81'' 0%1 1#7$' 4%5 *7'C

'C Q7 2/' 4%5 0/'7 2/' $*7B',1%2#*7 0%1 ,'$*,4'4D !Z%4
./+81'' $%&&'4 )%Z#& P+"*4/'' %1E#7> 2/' &%22', 2* $%&& /#"
3%$E *7 %7*2/', 7+"3', 3'$%+1' *6 6'%,1 2/%2 /#1 $%&&1 0','
3'#7> 2%8'4C

6C H'$%+1' *6 2/' %6*,'"'72#*7'4 ,'%1*71D )%Z#& P+"*4/''
4'$#4'4 2* ,'$*,4 2/' $*7B',1%2#*7 0#2/ !Z%4 ./+81''


>C H'6*,' $%&&#7> 3%$E !Z%4 ./+81''D )%Z#& P+"*4/'' 3*,,*0'4
% ,'$*,4', 6,*" /#1 $&*1' 6,#'74 *6 /#1C

/C )%Z#& P+"*4/'' 2/'7 $%&&'4 !Z%4 ./+81'' *7 2/' 7+"3',
0/#$/ 2/' &%22', /%4 8,*B#4'4 2* /#" %74 ,'$*,4'4 2/'
$*7B',1%2#*7C

2u4. In oui humble opinion, the Supieme Couit in iefusing to allow the
iecoiuing anu the tiansciipt to be aumitteu as new eviuence misseu
out on impoitant issues anu both the tape anu the tiansciipt shoulu
have be aumitteu as new eviuence.

2uS. Investigatois involveu in the enquiiy who hau the oppoitunity of
piobing lengthily into Fazil Sumouhee, who in fact is a veiy sick
peison, to be economical with woius, have come to the conclusion
that he is telling the tiuth in ielation to:
Wheie he was on the 2S
iu
Nay 1999.
Bis non-involvement in the allegeu sequestiation case.
The iecoiuing anu the stoiy leauing to the iecoiuing.

2u6. In the light of all the new eviuence ievealeu by this enquiiy, we
believe that in the inteiests of justice:
181
I. That the call logs as iegaius to phone numbei fiom
which the calls weie maue to anu fiom Fazil
Sumouhee, in ielation to the tape, be ievealeu.

II. That the tape itself, is maue the subject of fuithei
investigation.

III. That a voice test is caiiieu out since even if the tiuth
of the conveisation is not tiue, the meie fact that it
was Thupsee voice will mean the final nail in the
coffin of lies of Thupsee.




















182
Chapter 26: Confessions


2u7. Khauaffi 0ozeei was aiiesteu on the 22
nu
Novembei 2uuu by CIB (S)
following a seaich at his house wheieby fiieaims anu othei weapons
weie uiscoveieu.

2u8. The subsequent enquiiy leu to the uismantling of Escauion ue la
Noit.

2u9. Khauafi 0ozeei mentioneu in his statement given to the police that
he woulu wish to make ievelations conceining the cases in which
L'escauion ue la moit was involveu.

21u. Bis baiiistei, at the iequest of Khauafi 0ozeei himself, stateu in
couit that he woulu only make those ievelations to Inspectoi
Rauuhoa.

211. In a statement given on the S
th
}anuaiy 2uu1
18
, 2 months following
the conviction of Amicale Foui hau been convicteu, Khauafi 0ozeei
explaineu in uetail how the attack on L'Amicale hau been planneu
well in auvance, who planneu the attack, who paiticipateu in the
attack anu how the attack was peipetiateu.

212. The last paiagiaph of that statement ieaus as follows:
-F*7$',7%72 $% 4'+@ 6,g,'1 P+"*4/'' &%D "* 1+, '2 $',2%#7
R+# Z*22' 8%1 6#7' 8,'74 8%,2 4%71 4+ 6'+ O*8' M'7'115 7#
4%71 T9!"#$%&' 8%,$' R+# "* 2# 2*+2 &' 2'"81 8,'1'72
8%,2*+2 4%71 2*+1 $% 3%7'1 'B'7'"'721 &%C9

21S. Anothei peison who maue ievelations about the attack on L'Amicale
was one Tooiab Bissessui.


18
Annexe 18
183
214. Be fiist maue the ievelations to an investigatoi of oui police foice
who was sent on a mission to Nauagascai specifically to iecoiu a
statement fiom him.

21S. The lattei, apait fiom what he stateu to the police, iepeateu the
ievelations to a gioup of thiee jouinalists who visiteu him at La
Bastille Piison.

216. Buiing the couise of the meeting with the jouinalists, Tooiab
Bissessui naiiateu in uetail how the attack on L'Amicale hau been
planneu since 1996 anu by who it was planneu.

217. Fiom the tenoi of that conveisation, it is cleai that the Amicale foui
aie all innocent.

218. Batim 0ozeei was anothei membei of Escauion ue la moit who was
aiiesteu by the Flying Squau in oi aiounu Becembei 2uuu at
Ambiose Stieet Rose Bill.

219. The lattei in an inteiview with the aiiesting team anu with membeis
of the NCIT ievealeu that Escauion ue la moit was implicateu in the
aison at L'Amicale.

22u. In Becembei 2uuu, following the aiiest of Afzal Chummun, the lattei
in absence of his Counsel late Ne. Naiio Belene, gave inuications to
the investigatois iegaiuing the aison at L'Amicale.

221. Fuitheimoie, it was ievealeu uuiing the inteiview at the NCIT that
he was once woiking at L'Amicale himself.





184

222. Buiing the inteiview of the abovenameu, it became to the
knowleuge of the NCIT that the foileu attempt at }umbo Rose Bill,
anothei game house belonging to the family of }ean Noel Lai Yau
Tim, wheie a police lost his uuty ievolvei was committeu by the
Escauion ue la Noit.

22S. Bespite of cleai inuications at the time anu eviuence to back up the
ielevations, the NCIT, on the wiong assumption that the mattei hau
alieauy been uealt with anu hence coulu not be subject to anothei
enquiiy, the lattei (NCIT) uiu not pioceeu with a full fleugeu
investigation in the mattei.

224. Finally, one Azau Nanuoo, also ex membei of the Escauion ue la
moit, confesseu to Salim Khouabaccus
19
, just befoie going on iun
which enueu in him committing suiciue, that the Amicale Foui aie
innocent since it was his team, the Escauion ue la moit who planneu
anu peipetiateu the act. Salim Khouabaccus ielateu same to an NP.
2u


17 >7$+' In the case of Azau Nanuoo, his van was seen by
vaiious witnesses who have been heaiu uuiing the
enquiiy. It was ievealeu that the saiu van was passing by
L'Amicale at the mateiial time on the 2S
iu
Nay 1999 as
well as leauing a gioup of motoicyclists who set fiie to
Ishwailall stoie anu Nona stoie.
21
0ui enquiiy fuithei
ievealeu that on the 2S
iu
Nay 1999, at aiounu 19 Su, he
maue a ueposition at the Plaine veite police station
wheieby he stateu that the ieai winuow of his van was
uamageu.




19
We have interviewed the said Salim Khodabaccus who is ready to swear an affidavit as to this.
20
The MP is also willing to swear an affidavit as to this.
21
Annexure Goolfee
185
Chapter 27: CCTV Cameras

22S. Theie weie S6 FF.b cameias installeu in the stauium as mentioneu
eailiei. The cameias, excluuing those in the paiking, totalleu 18u
houis of footage.

226. The uefence was nevei infoimeu of the existence of the footage noi
hau it tianspiieu at the pieliminaiy enquiiy oi at the assizes that
theie was such footage.

227. 0ui enquiiy has ievealeu that the footage was vieweu by the
investigatois at Line Baiiacks. The viewing of the 18u houis of
footage took place in unuei 2 houis.

228. Bow the footage coulu have been of a consiueiable help foi the
uefence:

a. In ielation to convict No. 4, Fico, the footage woulu have
shown that he hau an alteication with the main
piosecution witness Azau Thupsee on the stanus. It
woulu have also shown the clothes woin by him on that
uay.

b. In ielation to convict No. S, Zulu, the footage woulu have
shown that in the paiking of the stauium, main witness
foi the piosecution Azau Thupsee inueeu iemitteu
fiieciackeis to Zulu foi the lattei to biing same. It woulu
have also shown that Zulu uiu biing the fiieciackeis
insiue the stauium but uiu not iemit it back to Azau
Thupsee. It woulu have fuithei shown Azau Thupsee
asking othei fans to pass on the message to Zulu foi the
lattei to ietuin his fiieciackeis. Finally, it woulu have
shown that aftei the match, Azau Thupsee waiteu foi Zulu
186
to ask him foi the fiieciackeis. It woulu have also shown
the clothes woin by him on that uay.

c. In ielation to convicts 1 anu 2, it woulu have confiimeu
with whom Nounou anu Bb tiavelleu to the stauium,
who weie they seateu with in the stauium, with who they
went back to the cai; anu how they pickeu up one
Namaue Ramjane on the way back home. The footage
woulu have also shown the clothes they weie weaiing as
well as the time they left the stauium.

u. The footage woulu have also confiimeu whethei the
peisons listeu on the NI0 list
22
weie in fact on the
stauium.

e. The footage woulu have confiimeu wheie Azau Thupsee
was on the stauium anu at what time he left the stauium.

--1Y "$ <OC2,;"4+ 5+ !7#$ <73,*

229. The CCTv footage compiiseu of the following :

a. Footage fiom the cameias insiue the game house
b. Footage fiom a cameia which was affixeu on a builuing opposite
L'Amicale anu uiiecteu at the entiance of the game house on Royal
Stieet.

2Su. The footage woulu have ievealeu:
a. Whethei theie was in fact a gioup of motoicycles which
came in fiont of the game house.

b. If so, the time at which this gioup of motoicycles came.

22
Refer to the Chapter entitled to The convenient disappearance
187
c. At what time fiie bioke out at L'Amicale anu how the
fiie bioke out.

u. The exact sequence of events as iegaius to the cais
which weie set on fiie.

e. The time at which people staiteu to gathei aiounu
L'Amicale.

f. Whethei theie weie cocktail molotovs huileu at
L'Amicale anu if so by whom.

g. Whethei theie weie othei piojectiles huileu at
L'Amicale anu if so by whom.

h. The numbei of police officeis who weie piesent in
L'Amicale.

i. Whethei theie weie inciuents insiue the gamehouse
anu if so the time at which the fiist inciuents occuiieu.

j. What ieally happeneu to the safe.












188
Chapter 28: Sequestration case

2S1. Buiing oui enquiiy, seveial peisons expiesseu theii conceins as
iegaius to the sequestiation case anu its outcome; anu we theiefoie
feel the neeu to auuiess this issue.

2S2. Witness Azau Thupsee stateu at the pieliminaiy enquiiy, unuei oath,
that he was foiceu by the police to implicate the innocent convicts.

2SS. Subsequently, he changeu his veision anu stateu that he lieu at the
pieliminaiy enquiiy because he hau been sequestiateu by two
Sumouhee biotheis othei than Nounou anu Bebe anu two othei
peisons.

2S4. A chaige of sequestiation was levelleu against those foui peisons
mentioneu by Thupsee.

2SS. The outcome of that sequestiation case was ciucial:

a. If the chaige of sequestiation was pioveu against the
above mentioneu peisons, it woulu mean that Azau
Thupsee was inueeu sequestiateu anu that he was
speaking the tiuth.

b. Likewise, if no conviction foi the sequestiation case
ensueu, it woulu mean that Azau Thupsee hau been
lying.

2S6. The sequestiation case was heaiu befoie the assizes case staiteu
anu the couit hau ieseiveu its juugment.

2S7. Bowevei, on the 18
th
0ctobei 2uuu, the Couit inviteu Counsel on
both siues to offei aiguments as to whethei a count of the
infoimation was uefective oi not.
189

2S8. The case was fixeu foi aiguments anu subsequently the couit
ieseiveu its juugment to the 16
th
Novembei 2uuu, foui uays befoie
the enu of the assizes.

2S9. Bowevei, on the 16
th
Novembei, the piosecution moveu to ieopen
its case. Befence Counsel objecteu anu the mattei was fixeu foi
aiguments on the 28
th
Novembei.

24u. 0n the 28
th
Novembei 2uuu, the BPP fileu a nolle piosequi against
the accuseu paities.

241. In the meantime, on the 2u
th
Novembei 2uuu, the Amicale Foui hau
been founu guilty at the Assizes.

242. Theie nevei was any conviction in the sequestiation case.

24S. The chionology of the sequestiation case can leau one to all soits of
infeiences.















190
Chapter 29: The iron pole

244. An 'iion' pole which was useu to oveituin cais hau been
fingeipiinteu by the police. The issues ielating to the iion pole aie:

i. Was it effectively an 'iion' pole.
ii. Why weie fingeipiints taken fiom the pole nevei
piesenteu as eviuence at the tiial.
iii. Why was the pole not biought at the Pieliminaiy Enquiiy
anu Assizes.

24S. 0ui enquiiy ievealeu that the poles useu by the Nunicipal Council of
Poit Louis in 1999 weie woouen poles anu not iion poles.

246. Bau the fingeipiints uelibeiately been kept asiue oi was it by
mistake oi gioss negligence that they weie nevei useu.

247. Eithei way, innocent men cannot be maue to pay foi mistakes oi
negligence with theii lives.















191
PART 6 : ESCADRON DE LA MORT

248. Since, during the course of our enquiry, the mention of Escadron de la
Mort repeatedly came up, it is necessary for the benefit of the reader to
understand who formed part of the Escadron de la Mort.

249. The term Escadron de la Mort was first used publicly after the Gorah
Issac murders, which took place on the 26
th
October 1999 at Gorah Issac
Road on the eve of the Municipal elections of 1999.

2Su. Several months before the Gorah Issac Murders, the NIU, in a report, did
reveal that there was an organisation within the city of Port Louis
militating against drug traffickers. However this organisation had
completely radicalised itself to have recourse to violent means to get rid
of drug traffickers in Port Louis.

Chapter 30: Who were they?

2S1. The following is a summary of the facts behind each of the main
protagonists of the Escadron de la Mort:

Bahim Coco
1he head of Lhe Lscadron de la MorL.
lormer muscle man of 'llve SLars' gang.
lnlLlally an anLl-drug acLlvlsL.
AcLlve wlLhln Lhe 8lack Musllms movemenL.
Was Lhe handyman of Passen Ameer allas !"#$%&
SLevedore and gave a hand Lo Slr CaeLan uuval Lo sLop Lhe dockers
sLrlke.
8roLher of lssop 1ole buL had publlcly denounced and renounced hls
broLher.
CommlLLed sulclde aL Alblon on 22
nd
uecember 2000.
Khadafi Oozeer:
Pls lnvolvemenL ln Lhe Lscadron was merely LhaL of a courler for 8ahlm
Coco
192
AcLlve member of Lhe MouvemenL Clvlque naLlonale
ArresLed and hls subsequenL revelaLlons led Lo a new enqulry lnLo Lhe
Chorah lssac case
Pls barrlsLer was laLe Me. Lllas Cozeerally who publlcly sLaLed LhaL
khadafl Cozeer wlll only cooperaLe wlLh Lhe ul 8addhoa.

Hatim Oozeer:
Pe was Lhe drlver of Lhe Lscadron.
lormer drug addlcL Lurned lnLo an anLl-drug acLlvlsL
Was Lhe sLar wlLness ln Lhe rellmlnary Lnqulry lnLo Lhe Lrlple murder of
Lhe Chorah lssac.
Confessed and gave several sLaLemenLs Lo ul 8addhoa some ln presence
of hls 8ar aL Law and some wlLhouL Lhe asslsLance of a Counsel.

Toorab Bissessur:
very close Lo 8ahlm Coco and Plzbullah
Was acLlve up Lo 1997 when he lefL for Madagascar.
!"#$% '()$*)+,+(-.
! Chorah lssac Lrlple murder
! Pold up of MC8 Cureplpe
! Pold up harmacle aLher
! Pold up of SC8 Cureplpe

Liyakhhat Polin
! Snlper and respecLed wlLhln Lhe hunLlng communlLy as Lhe besL shoL.
! very close Lo 8ahlm Coco and was also known Lo be very close Lo Celh
Meeah.
! !"#$% /()$*)+,+(-.
Chorah lssac Lrlple murder
Pold up of MC8 Cureplpe
Pold up harmacle aLher
Pold up of SC8 Mesnll
MC8 8elle Mare, ALLempL agalnsL

Riaz Jamaldeen
193
! Was Lhe son ln law of 8ahlm Coco and was responslble for Lhe loglsLlcs
Lo carry ouL Lhe aLLacks of Lhe Lscadron
! !"#$% /()$*)+,+(-.
! All cases of Lhe Lscadron and was Lhe mlddle man beLween
8ahlm Coco and Lhe oLher Lscadron members when 8ahlm
Coco was lncarceraLed for Lhe case of Chorah lssac.
! CommlLLed sulclde aL 8eemanlque on 16
Lh
uecember 2000

Azad Nandoo
! Snlper
! AcLlve member of MouvemenL Clvlque naLlonale
! !"#$% /()$*)+,+(-.
! All ma[or cases lncludlng Chorah lssac
! 8ecrulLlng agenL
! CommlLLed sulclde on 16
Lh
uecember 2000 aL 8eemanlque


Noorani Boodhoo alias Bhai Noor
! 8esponslble for %'(&))%*&'+& work.
! !"#$% /()$*)+,+(-.
! All ma[or cases lncludlng Chorah lssac
! CommlLLed sulclde aL 8eemanlque on 16
Lh
uecember 2000

Afzal Chummun alias Dilait Caill
! 8esponslble for cleanlng up of Lraces afLer an aLLack.
! Lx pollce offlcer.
! Llnked wlLh flrearms found aL Lhe place of khadafl Cozeer
! !"#$% /()$*)+,+(-.
! MC8 8elle Mare
! Wlehe case
! !umbo 8ose Plll hold up

Islam Mohammedally alias Islam Pakistannais
! Close wlLh 8ahlm Coco.
! LefL Lhe counLry before Lhe Lscadron was dlsmanLled.
194
! lnlLlally LhoughL Lo have gone Lo 1urkey and now belleved Lo be ln
aklsLan.
! !"#$% /()$*)+,+(-.
! Cn Lhe nlghL of Chorah lssac Lrlple murder, he was lnvolved ln
Lhe sLeallng of a red van from a Malayslan couple aL lllc en
llac

2S2. Accoiuing to oui investigation, the following coue of conuuct was
imposeu by Bahim Coco on the membeis of the gioup:

(a) never Lo be seen ln publlc LogeLher
(b) never Lo dlvulge even Lo one's wlfe Lhelr belonglng Lo Lhe
organlsaLlon
(c) Lhe money 'obLalned' from any acLlon were be used for good
causes afLer excludlng expenses
(d) never Lo call one's name ln publlc
(e) noL Lo lndulge ln any llllclL acLlvlLy so as noL Lo aLLracL any
pollce aLLenLlon
(f) 1o sLrlcLly observe all Musllm rlLuals lf arresLed Lo observe Lhe
rlghL of sllence and noL Lo dlvulge.

2SS. Many of the members of the Escadron were very close to the Hizbullah
political party but our investigation revealed that Bahim Coco had an
agenda of his own.

2S4. Some membeis of the Escauion weie also veiy close to the
Nouvement Civique Nationale (NCN) anu to Salim Khouabaccus in
paiticulai.








195
Part 7: An analysis
Chapter 31: The bigger picture


2SS. A question which, at all costs, should have been answered was:
Were all the events of the 23
rd
May 1999 linked or isolated?

2S6. Irrespective of the answer, another question which begged for an answer
was whether the events were spontaneous or organised?

2S7. Unfortunately the police did not analyse the events which took place on
the 23
rd
May 1999 from a wider perspective.

Why did the police fail to look at the wider picture?

2S8. That may have been because there were no proper briefing or debriefing
meetings and furthermore, the lack of coordination among the different
units have caused widespread concerns as to the way in which the police
force was being managed. The morale within the police force was also at
its lowest point at that time. Punitive transfers were common and the
situation was therefore definitely not conducive for a good and proper
enquiry.

2S9. Another reason is because the police force promised to the public that
they would find the culprits quickly, hence adding pressure on the
investigators.

26u. Furthermore, important and confidential information as to the line of the
enquiry adopted by the police was in the public domain. Thus, giving a
lot of time for the real culprits to reassess the situation.

261. There was an inbuilt tunnel vision culture within our police force due to
sheer amateurism.


196

L."$ A+#+ $.+ ,>;,5+>$* $."$ 7;;3##+5 7> $.+ G&
#5
(") 0aaaK

262. Theie was a wiuespieau uisoiuei, as nevei witnesseu befoie at
Anjalay Coopen stauium, uespite the S6 cameias zoomeu in on the
spectatois which weie meant to act as a ueteiient.

26S. Sugaicane fielus weie set on fiie on an unpieceuenteu scale.

264. Avalanche of phone calls befoie, uuiing anu aftei the football match
to Poit Louis Fiie Seivices.

26S. 0nusual amount of phone calls to Quatie Boines anu Cuiepipe Fiie
Seivices.

266. Infoimation Room was jammeu with so many phone calls anu
incoming calls on 999 weie left unattenueu.

267. Nost Police Stations weie on aleit but weie unueimanneu.

268. An SNF van was attackeu by motoicyclists.

269. Buses anu othei vehicles weie being stoneu at uiffeient aieas.

27u. Bespite being fully awaie of blackspots within the outskiits anu
insiue the capital, those black spots weie left unattenueu.

271. A team of hooueu peisons weie openly stoning buses at the coinei
of Nilitaiy anu Pamplemousses ioaus.

272. Police officei Pauaiuth who was posteu iight in fiont of L'Amicale
was assaulteu anu hau to flee. Thiity minutes latei a ciowu
assembleu in fiont of L'Amicale.

197
27S. A gioup of five to ten peisons stoppeu a bus along Royal Stieet anu
foiceu all the passengeis to leave the saiu bus. That bus was then set
on fiie in fiont of 'La Scieiie uoollam'. The intention was to cause a
uiveision but this was avoiueu thanks to the piompt inteivention of
neighbouis anu clients of Nohun Botel.

274. uatheiing of a iiotous ciowu in fiont of vallee Pitot Police Station.

27S. Theie was a gioup of motoicyclists ciiculating iapiuly anu
thieatening people anu causing vaiious uistuibances.

276. Attacks on the following piopeities:
i. Chanceiy Bouse
ii. Blanche Biigei
iii. Registiai builuing
iv. 0ffices of some lawyeis
v. Stieet lamps

277. Attempteu attacks on petiol stations.

278. Roau blocks which hau been put up by those cieating the uisoiueis.

279. Spontaneous attack on Pope Benessy Police Station tiiggeieu by a
Fiie Biigaue Suppoitei.

28u. Attacks on the Registiai builuing uiu not last long since the
motoicyclists, mentioneu eailiei infoimeu the ciowu that 'Lakaz
Satan' was on fiie.

281. Attacks on Nona Nini Naiket anu vallee Pitot Stoie (0pposite vallee
Pitot Police Station)

282. Lai Nin iestauiant was attackeu anu alcoholic uiinks stolen.

28S. The BSBC's Automatic Tellei Nachine was uamageu.

198
284. uatheiing in fiont of the stables at Champ ue Nais (consiueieu as
anothei place of sin by some).

28S. Attempts to fuithei uiveit the attention of the police foice by
ciiculating the iumoui that the uoveinment Bouse woulu be buint
uown.

286. The mouus opeianui was the same:
i. A numbei of motoicyclists came on the
spot piioi to each inciuent.
ii. Incenuiaiy uevices hau been useu.
iii. Peipetiatois weie maskeu.
iv. Places anu activities consiueieu within
the Nuslim community as being sinful
weie systematically taigeteu:

I. Places selling alcohol
II. Betting places
III. Banks (because of theii tiaue in Inteiests)
Iv. Place ienowneu foi piostitution

287. The police completely faileu to enquiie as to whethei all of the
inciuents mentioneu above weie in fact linkeu.

288. Accoiuing to the piosecution veision, a gioup of motoicyclists
suuuenly came along Royal Stieet anu one of them stoppeu by Sheik
Imian Sumouhee (Nounou) anu showeu the lattei a bag containing
Nolotov cocktails. Theieaftei, Nounou askeu that motoicyclist to
huil same at L'Amicale.

289. Why is it then that the police uiu not finu it necessaiy to enquiie as
to whom that motoicyclist was.

29u. Finally, why was it that the police uiu not consiuei that the Escauion
ue la Noit coulu be involveu in a way oi anothei into the attack
when it was well known to the police that the gioup was active in
Poit Louis.
199
Chapter 32: Affidavits and witnesses
statements

291. The gist of the affiuavits anu witness statements which have not
been iefeiieu to so fai is as follows:


8"2+


W,*$

Fb6"4 C3;J4+
TC99,5"=,$U


Coiioboiates Nounou's veision



M,.""5 E.75"6";;3*
TC99,5"=,$U

0ne of the two peisons who can confiim that
Nounou anu Bebe aie factually innocent in the
Amicale case since }ihaau was in the company of
Nounou anu Bebe foi the whole uay on the 2S
iu

Nay 1999 until late at night.



(".2"5+ X"2c">+
TC99,5"=,$U

The seconu peison who can confiim the
innocence of Nounou anu Bebe since, he also, was
in theii company fiom the moment they left
Anjalay Coopen until they ieacheu home.



CB2"$ C44)
TC99,5"=,$U




Fuithei pioof that Azau Thupsee is a liai
200


(#*N :++>27."2+5
TC99,5"=,$U



Coiioboiates Bb's veision

(#N 877#5"344)
TC99,5"=,$U



Coiioboiates Bb's veision


]3*739 X3.72"44)
TQ$"$+2+>$U


Confiims the veision of Amicale woikei Ni.
Tooiub who heaiu explosions.



X+"B C3;J4+
TC99,5"=,$U


Coiioboiates Nounou's veision



X"99,;J W7749++
TQ$"$+2+>$U


Confiims the involvement of Azau Nanuoo, the
hooueu motoicyclists anu the biggei pictuie










201
!"#$ d' !7*$ GH
$.
M3>+ Ge0&

292. Following the symposium of the 27
th
}une 2u1S, an appeal will be
maue to the Piesiuent of the Republic to exeicise his uiscietion in
accoiuance with S. 21 of the Ciiminal Appeal Act 19SS.

29S. Section 21 of the Ciiminal Appeal Act 19SS pioviues as
follows:

-#,2,>"4 C//+"4 C;$ 0a``


G0 !#+#7R"$,=+ 79 2+#;)

Nothing in this Act shall affect the pieiogative of meicy, but
the Piesiuent of the Republic, on the consiueiation of any
petition foi the exeicise by him of the pieiogative of meicy,
having iefeience to the conviction of a peison befoie the
Supieme Couit oi to the sentence (othei than sentence of
ueath) passeu on a peison so convicteu may, if he thinks fit,
at any time -

(a) iefei the whole case to the Couit anu the case shall then be
heaiu anu ueteimineu by the Couit as in the case of an
appeal by a peison convicteu; oi

(b) wheie he uesiies the assistance of the Couit on any point
aiising in the case with a view to the ueteimination of the
petition, iefei that point to the Couit foi its opinion anu the
Couit shall then consiuei the point so iefeiieu anu fuinish
the Piesiuent of the Republic with its opinion on the point.

294. Section 2 of the Ciiminal Appeal Act 19SS uefines "Couit" as
meaning the Couit of Ciiminal Appeal establisheu unuei section S
(1).

29S. Section S (1) of the Ciiminal Appeal Act ieaus as follows: 'Theie shall
be a Couit of Ciiminal Appeal, anu the Chief }ustice anu the Puisne
}uuges shall be }uuges of that Couit.'

202
296. In 199S, the Abolition of Beath Penalty Act was passeu with effect
fiom the 14
th
of Becembei of that same yeai. In the same bieath, S21
of the Ciiminal Appeal Act 199S was amenueu to ieflect the
abolition of ueath penalty.

297. It is cleai fiom a ieauing of section 21 of the Ciiminal Appeal Act
19SS that the Piesiuent is empoweieu to iefei a whole case to the
Couit of Ciiminal Appeal foi the case to be heaiu as an appeal by a
peison convicteu.

298. Fuitheimoie, S 16 (2) of the Ciiminal Appeal Act pioviues that:

(2) The Couit may, if it thinks fit, on the application of an
appellant, aumit the appellant to bail penuing the
ueteimination of his appeal in accoiuance with the Bail Act.


299. It is to be noteu that the Ciiminal Appeal Act 19SS also pioviues that
the Couit of Ciiminal Appeal has supplementaiy poweis which have
unfoitunately spaiingly been useu.

Suu. These supplementaiy poweis enables the Couit, if it thinks it
necessaiy oi expeuient in the inteiest of justice, to:-

i. 0iuei the piouuction of any uocument, exhibit oi
othei thing connecteu with the pioceeuings
(whethei piouuceu at the tiial oi not) wheie the
piouuction appeais necessaiy foi the
ueteimination of the case

ii. 0iuei any witnesses who woulu have been
compellable witnesses at the tiial to attenu anu be
examineu befoie the Couit, whethei they weie oi
weie not calleu at the tiial, oi oiuei the
examination of any such witnesses to be
conuucteu in the mannei pioviueu by iules of
couit befoie any juuge of the Couit oi befoie any
officei of that Couit oi befoie any Nagistiate oi
othei peison appointeu by the Couit foi the
puipose, anu allow the aumission of any
uepositions so taken as eviuence befoie the Couit

203
iii. Wheie any question aiising on the appeal involves
piolongeu examination of uocuments oi accounts,
oi any scientific oi local investigation, which
cannot in its opinion conveniently be conuucteu
befoie the Couit, oiuei the iefeience of the
question in the mannei pioviueu by iules of couit
foi inquiiy anu iepoit to a special commissionei
appointeu by them, anu act upon the iepoit of any
such commissionei so fai as it thinks fit to auopt it;
anu


iv. appoint any peison with special expeit knowleuge
to act as assessoi to the Couit in any case wheie it
appeais to it that such special knowleuge is
iequiieu foi the piopei ueteimination of the case,
anu exeicise in ielation to the pioceeuings of the
Couit any othei poweis not inconsistent with this
Act which may foi the time being be exeiciseu by
the Supieme Couit on appeals in civil matteis, anu
issue any waiiants necessaiy foi enfoicing the
oiueis oi sentences of the Couit.


Su1. In the case of :+ P73;.+#=,44+ = :,#+;$7# 79 !364,; !#7*+;3$,7>*
T0aa0 Q-M GHaU, the foimei Chief }ustice, Sii victoi ulovei stateu
that the Section 21 iemains the only iemeuy available to anyone
who wishes to challenge his conviction aftei appeal avenues have
been exhausteu.

Su2. The cases of Nuktai Ali & uulam Rasool v State (199S SC} 46) anu
Rogei Fiance Paiuayan ue Boucheiville v The State of Nauiitius &
0is (1996 SC} 2S7) also biiefly acknowleugeu Section 21 of the
Ciiminal Appeal Act. The baiiisteis involveu in those cases weie no
lessei than Sii uaetan Buval Q.C anu uuy 0lliviy Q.C.

SuS. Bowevei, accoiuing to oui extensive ieseaich anu Senioi Counsel
well veiseu in ciiminal matteis, the section has nevei been put into
application.

204
Su4. Recently in Inuia, a gioup of 14 foimei juuges of eminence has, in a
petition auuiesseu to the Piesiuent, sought the lattei's inteivention
unuei Aiticle 72 of the Constitution.

-"> $.+ +>b3,#) 6+ #+ 7/+>+5K
1.+ (,;."+4" D"#$+ ;"*+ ,> ("3#,$,3*

SuS. 0n 1u
th
}anuaiy 2u11, Nis. Nichaella Ncaieavey Baite an Iiish
national ageu 28 was founu ueau in hei hotel ioom at Legenus Botel
uianu uaube.

Su6. Two peisons namely Ni Avinash Tieebohun anu Sanueep Noonea
weie aiiesteu anu subsequently chaigeu foi muiuei. Aftei a
piotiacteu pieliminaiy enquiiy the case was lougeu befoie the
Assizes on 22
nu
Nay 2u12.

Su7. Aftei seveial weeks of tiial which was given huge publicity, the juiy
ietuineu a iesounuing unanimity veiuict of Not-uuilty.

Su8. Following the veiuict, the Bonouiable BBP stateu that theie weie to
be an inuepenuent fact finuing committee which woulu be set up.

Su9. In an answei to a PNQ fiom the Leauei of the 0pposition Bon. Paul
Raymonu Beiengei, the Bonouiable Piime Ninistei ieplieu:

"yes I am awaie (of the statement of the BPP) but aftei
consultation, Ni speakei Sii, we think that the best way
foiwaiu is foi the institution of a }uuicial Inquiiy (.)"

S1u. The Bonouiable Leauei of the 0pposition askeu: "may I know since
what is being pioposeu in the }uuicial Inquiiy. Am I iight in
unueistanuing that theie will not be a full police inquiiy ie-openeu
looking foi othei possible culpiits."

205
S11. The Bonouiable Piime ministei ieplieu: "No. no, no, Ni Speakei Sii.
The police inquiiy will be ongoing. I am woiking at the possibility of
getting the help of expeits fiom abioau to assist the police because
we have to finu the guilty in this case".

S12. The enquiiy was effectively ieopeneu unuei the supeivision of the
Beputy Commissionei of Police Ni. Sooioojbally anu a team of
ueuicateu anu expeiienceu investigatois.

S1S. Fuithei scientific tests weie caiiieu out in Fiance. Investigatois
fiom Iielanu paiticipateu in a ieviewing of the eviuence anu to uate,
police is still inquiiing.

S14. If a police enquiiy has been ieopeneu in a case in which the accuseu
paities weie acquitteu why can't a police enquiiy be ie-openeu in a
case wheie uistuibing factois anu new eviuence come to light even
when accuseu paities have been founu guilty.

1.+ D,44*67#73R. :,*"*$+# \ [>R4">5

S1S. 0n 1S Apiil 1989, 96 Liveipool fans weie ciusheu to ueath anu
hunuieus moie injuieu on the steel-fenceu teiiaces of Sheffielu
Weunesuay's stauium, which was hosting that yeai's FA Cup semi-
final.

S16. The inquiiy into the uisastei leu by Loiu Chief }ustice Tayloi
establisheu that the main cause was a failuie of police ciowu contiol.

S17. In his inteiim iepoit on 4th August 1989, Loiu }ustice Tayloi wiote
that the key element of police contiol at fault was the failuie to close
off the tunnel leauing to pens S anu 4 once uate C hau been openeu.

S18. Loiu }ustice Stuait-Smith was appointeu to ieview "new" eviuence
which hau not been submitteu to the inquiiy oi inquests anu also
206
uozens of police anu witness statements, appaiently ciitical of
police, which hau been alteieu.

S19. Loiu }ustice Stuait-Smith's conclusion was that the fiesh eviuence
uiu not auu anything significant to the unueistanuing of the uisastei,
anu that while statements shoulu not have been euiteu, this was
simply an "eiioi of juugement".

S2u. }ack Stiaw accepteu the finuings anu iuleu out a new inquiiy, but in
August 1998 the Billsboiough Family Suppoit gioup biought
chaiges of manslaughtei against Baviu Buckenfielu anu his ueputy,
Supeiintenuent Beinaiu Nuiiay, in a piivate piosecution.

S21. The case came to tiial in 2uuu. Aftei six weeks the juiy founu Ni
Nuiiay not guilty of manslaughtei, anu saiu it coulu not ieach a
veiuict on Ni Buckenfielu.

S22. What followeu, ovei an 11-yeai peiiou, weie vaiious uiffeient
moues anu levels of sciutiny, incluuing Loiu }ustice Tayloi's Inteiim
anu Final Repoits, civil litigation, ciiminal anu uisciplinaiy
investigations, the inquests into the ueaths of the victims, juuicial
ieviews, a juuicial sciutiny of new eviuence conuucteu by Loiu
}ustice Stuait-Smith, anu the piivate piosecution of the two most
senioi police officeis in commanu on the uay.

S2S. Bespite this iange of inquiiy anu investigation, many beieaveu
families anu suivivois consiueieu that the tiue context,
ciicumstances anu afteimath of Billsboiough hau not been maue
public. They weie also piofounuly conceineu that following
unsubstantiateu allegations maue by senioi police officeis anu
politicians anu iepoiteu wiuely in the piess, it hau become wiuely
assumeu that Liveipool fans' behavioui hau contiibuteu to, if not
causeu, the uisastei.

207
S24. In 2uu9, at the 2uth anniveisaiy of the uisastei, Anuy Buinham,
Secietaiy of State foi Cultuie, Neuia anu Spoit, announceu the
uoveinment's intention to effectively waive the Su-yeai iule
withholuing public iecoius to enable uisclosuie of all uocuments
ielating to the uisastei.

S2S. In }uly 2uu9 the Billsboiough Family Suppoit uioup, suppoiteu by a
gioup of Neiseysiue NPs, piesenteu to the Bome Secietaiy a
case foi uisclosuie baseu on incieasing public awaieness of the
ciicumstances of the uisastei anu the appiopiiateness of the
investigations anu inquiiies that followeu.

S26. The Bome Secietaiy met with iepiesentatives of the Billsboiough
Family Suppoit uioup; anu in }anuaiy 2u1u the Billsboiough
Inuepenuent Panel, chaiieu by }ames }ones, Bishop of Liveipool, was
appointeu.

S27. A paiallel can be uiawn in the case of Amicale in as much as since it
is wiuely believeu that the tiue facts anu ciicumstances of the
Amicale aison hau not been maue public.

S28. In the case of the Amicale Foui, only a commission of enquiiy will
enable the tiuth to shine foith anu finally give a sense of justice to
the families of the victims anu the foui innocents.

S29. The wiuei iepeicussion of a Commission of enquiiy is that it will set
the stage foi majoi iefoims as iegaius to:
a. The mannei in which police investigations aie caiiieu out
b. The facilities anu tiaining which neeu to be pioviueu to the
police foice since without the auequate tools, the police
cannot be expecteu to peifoim to the iequiieu stanuaiu
c. A total ieview of the way in which the Fiie Seivices aie to
opeiate
u. An oveihaul of oui Foiensic Science Laboiatoiy anu Scene
of Ciime 0fficeis.
e. The juuiciaiy anu (non) finality of justice.


208



1+#2* 79 #+9+#+>;+ 97# ;722,**,7>'

SSu. The following is a non-exhaustive list of pioposeu teims of iefeience
foi an eventual Commission of Enquiiy:

SS1. Whethei all scientific weie fully piobeu into by oui scientific
laboiatoiy anu whethei theie was a neeu to iefei the specimens anu
finuings of oui laboiatoiy to inteinational expeit laboiatoiies foi
fuithei investigation.

SS2. Whethei the ueath of Ni. Bakim coulu have been causeu by ieasons
othei than buins anu whethei the injuiies founu on his bouy weie
ante moitem oi post moitem.

SSS. Whethei the Escauion ue la moit has been involveu in the aison of
Amicale; anu if yes, what was the uegiee of theii involvement.

SS4. Whethei the police has by act, omission oi otheiwise been ueielict
in theii uuty in investigating oi failing to investigate:

a) the aison at L'Amicale ue Poit Louis

b) the aison of the bus neai Nohun Botel

c) the stoning of NFA, Blanche Biigei, New Couit Bouse, lamp
posts at Catheuial squaie, Anquetil Builuing anu the offices
of notaiies anu attoineys

u) the stoning anu attack on the Pope Benessy Police Station

e) the chionology of events at Pope Benessy Police Station

209
f) the uiffeient NSS iepoits moie paiticulaily the iepoit one
week befoie the 2S
iu
Nay 1999 specifying that theie might
be tiouble following the football match

g) the uiffeient calls ieceiveu by the fiie police station of Poit
Louis, Quatie Boines anu Cuiepipe

h) the uiffeient phone calls anu infoimation ieceiveu at IR anu
follow up actions taken, if any

SSS. Whethei actions weie taken by the iesponsible police officei at the
scene of ciime to pievent any contamination so as to pieseive
eviuence.

SS6. To enquiie into what was uone by the police to tiace the 'uonoi' of
the pie-fabiicateu Nolotov cocktail if evei they uiu believe the
veision of Thupsee.

SS7. Whethei the police uiu ieview the 18u houis of viueo tape anu what
actions weie taken following same.

SS8. Whethei the police uiu foiwaiu all mateiials in ielation to the case
to the BPP.

SS9. Whethei the BPP uiu foiwaiu all uocuments ieceiveu by the police
to the uefence.

S4u. Whethei any actions was weie taken following the iepoit of the
Chief Scotlanu Yaiu investigatoi, Ni. Bonohue.

S41. Whethei the inquiiy staiteu by late Chief Inspectoi Rauuhoa in
ielation to the involvement of the 'Escauion ue la moit' was taken
ovei oi followeu up.

210
S42. Why statements weie not taken fiom the following:

a. The Fiie people
b. The employees of Amicale
c. The injuieu peisons who coulu have easily been tiaceu back
as theii auuiesses weie available in hospital iecoius.
u. The owneis oi peisons piesent in the following:

i. Li Shing Tit which builuing is locateu at Anquetil
Stieet, Poit Louis
ii. The then 0N0 Restauiant situateu at Coinei
Anquetil anu Royal Roaus.
iii. The vaiious neighbouis living opposite Amicale oi
along the ioute which the mob has allegeuly
followeu

e. The taxi uiiveis piesent at Taxi Stanu next to Amicale anu
along Emmanuel Anquetil Stieet.
f. Punteis anu playeis who weie insiue Amicale

S4S. Whethei the police, inquiieu on the thieats ieceiveu piioi to the 2S
iu

Nay 1999 by Ni. Lai Yau Tim, ownei of Amicale.

S44. Whethei the police, was in possession of letteis allegeuly iemitteu to
them by Ni. Lai Yau Tim.

S4S. Whethei theie was a CCTv at Amicale anu which cameia was posteu
opposite Amicale itself.

S46. Whethei the police, in the uiffeient meetings piioi to the match, uiu
the neeuful in the light of the iepoit of }ustice Ahnee to secuie
Khauafi Squaie, anu if not, why not.

211
S47. Whethei the police secuieu the Biaiy book, 0ccuiience book anu
oi log book of
a. Pope Benessy Police station
b. Police Post of the uoveinment Bouse
c. vallee Pitot Police Station
u. Tiou fanfaion Police Station
e. Albeiciombie Police Station
f. Baiboui Police Station
g. The Infoimation Room incluuing its log book
h. Biaiy book anu othei uocuments anu telephone log book of
Fiie Biigaue of NCPL
i. The log book of all phone calls of the CEB of la Pouuiieie
Stieet, Poit Louis


S48. Whethei the police uiu the neeuful to contact the ielevant piivate
secuiity fiims in oiuei to have theii iepoits anu CCTv footage.

S49. Bow to pievent anu minimise Niscaiiiage of }ustice within oui
system.


















212
Chapter 31: Recommendations


SSu. In Nauiitius, theie aie no piinciples anu piotocols establisheu when
it comes to uisposal oi pieseivation of exhibits anu theiefoie any
accuseu paity appellant wishing to examine exhibits again foi
fuithei scientific tests oi to challenge the tests uone at the time may
finu it uifficult to uo so.

SS1. We piopose that a piotocol be establisheu to pioviue guiuance as
iegaius to how exhibits aie pieseiveu. Exhibits such as weapons,
clothes, BNA sample, etc aie to be pieseiveu foi a peiiou of twenty
yeais anu scientific iepoit conceining same aie to be kept as
piotecteu uata foi a peiiou of no less than 6u yeais.

SS2. Exhibits anu also any othei items collecteu at the place of the ciime
aie to be kept in thiee uiffeient packaging so as to enable fuithei
scientific test anu at the same time pievent any cioss contamination.

SSS. It is also pioposeu that the scientific laboiatoiy in a small countiy
like Nauiitius shoulu be unuei the aegis of a newly cieateu Ninistiy
of }ustice anu not unuei the Piime Ninistei oi Ninistei in chaige of
Bome Affaiis since theie can cleaily be conflict of inteiests oi
motivations to hiue the tiuth.

SS4. We fuithei piopose that the Foiensic Scientific Laboiatoiy (FSL)
becomes a piotecteu bouy with quasi constitutional status of
inuepenuence so as to ensuie that theie is no inteifeience by othei
entities of the constitution anu fuithei the laboiatoiy is to open to
the uefence to have tests caiiieu out if neeu be on theii teims anu
iefeience.

213
SSS. Even though the teim of Ninistiy of }ustice anu Ninistei of }ustice
has been useu since inuepenuence, Nauiitius uoes not have a
Ninistiy of }ustice.

SS6. Insteau the cabinet of Ninisteis in Nauiitius consists of an Attoiney
ueneial iesponsible foi the Attoiney ueneial's office. The Attoiney
ueneial, accoiuing to the constitution must be a baiiistei anu once
nominateu, if he has not been electeu, has the same poweis as any
Ninistei within the cabinet. It is cleai that in the absence of a
Ninistei of }ustice oi Ninistiy of }ustice, theie is no one oi no
institution which will piomote the auvancement of justice.

SS7. We piopose that no photos of the Accuseu paities oi any
infoimation which coulu leau to the iuentification of the Accuseu
paities, whethei by way of photogiaphs oi auuiess oi place of woik
be publisheu in the piess unless that peison is a public figuie.

SS8. In a list of scheuuleu cases, among otheis, muiuei, manslaughtei,
iape, teiioiism cases, uangeious uiugs cases wheie tiafficking is
aveiieu, aison causing ueath, the Police is to uigitally viueo iecoiu,
at the fiist oppoitunity witnesses anu uata iecoiueu aie to be
pieseiveu as exhibits.

SS9. The police is unuei no uuty to uisclose post conviction eviuence.
0ften, the Police have in theii possession eviuence, which if
piouuceu woulu piove the innocence of a convict. We piopose that
piotocols anu guiuelines aie establisheu to ueal with the piocess of
post conviction eviuence.

-722,**,7> 97# /#+#7R"$,=+ 79 2+#;)

S6u. At the moment the Commission foi pieiogative of meicy (CPN) has
been piesiueu by a foimei Chief }ustice. The seat of the pieiogative
of meicy is suipiisingly situateu at the office of the Piime Ninistei.

214
S61. We piopose that theie shall be a full time chaiipeison of the CPN
with two assessois which shall have its seat sepaiate fiom the 0ffice
of the PN.

S62. We fuithei piopose that theie be aiiangements maue foi the
commission of the pieiogative of meicy to heai viva voce some
petitions wheie listening to the witnesses anu baiiisteis plea might
assist to come to the iight conclusion the moie so as institutions
uespite all safeguaius can still fail.

S6S. Piosecuting Counsel appeaiing at the tiial couit must not appeai on
appeal because theie is an inheient uangei that as human being
what we become biaseu anu influenceu by ego, thus opening the
uooi foi tunnel vision again.

S64. Buiing oui enquiiy, we have come to the conclusion that Nauiitius
is not an exception to the phenomenon of false confessions, the moie
so in highly publiciseu case. Police enquiiing officeis have a
tenuency to act hastily anu to close all avenues of enquiiy because
they have unuei theii hanus a confession .

S6S. A confession can be false foi numeious ieasons anu the police must
always be on aleit that someone showing no signs of uistuibance
mentally oi physically may still piouuce a false confession.

S66. We piopose that all confessions must stanu the test of physical
possibility anu tempoial possibility which must be suppoiteu by
inuepenuent witnesses oianu scientific eviuence.

S67. We piopose, foi the puipose of accuiacy, that eveiy police officei is
given a police notebook wheie he is iequesteu to note impoitant
events which came unuei his attention while caiiying out his police
uuty.

215
S68. In Nauiitius such police notebooks aie kept foi a peiiou of five yeais
anu then they aie uestioyeu. Buge ciiminal tiials may take at least S
- 4 yeais befoie they aie heaiu befoie a juiy (save exceptions) anu
befoie the case is uisposeu befoie the }CPC, 7 yeais woulu have
passeu by.

S69. 0ften we have heaiu in Couit, foi example in the case of State vs.
Chailes (2u12) that police notebooks aie not available because they
have been uestioyeu uue to floous. We theiefoie piopose that police
officeis must on a uaily basis uploau theii iecoiueu infoimation on a
computei.

S7u. A PE will be effective if it is uone with the objective to fuithei
enquiie on what the police has founu uuiing theii inquiiy.We view
with much concein that challenges put foiwaiu by counsel at the
level of Pieliminaiy Enquiiy (P.E) have been tuineu uown because
sufficient poweis aie not uelegateu to the Bistiict Nagistiate to act
as an inquisitoiial Nagistiate thus leaving this aiena to the Befence
anu Piosecution counsel.

S71. We piopose that the Nagistiate is to give a finuing which shall be
public.

S72. We fuithei piopose that the law be alteieu to allow the PE to be
conuucteu by Nagistiates of the Inteimeuiate Couit insteau of
Bistiict Couit because muiuei anu otheis being cases caiiying a
heavy penalty cannot be left in the hanus of Nagistiates having two
of thiee yeais expeiience at the bai.

S7S. The iole of the NI0 is as its name inuicates, to gathei intelligence in
oiuei to help the nation against any possible avoiuable
uangeis. 0nfoitunately theie is no contiol on the activity of the
NI0. Foi example , uuiing election times, they uo opinion polls. Theii
buugets aie not known.
216

S74. That the seciet seivice piesently known as the National State
Seivice (NSS) must become inuepenuent of the police foice. It shoulu
have its sepaiate buuget, stiuctuie anu infiastiuctuie.

S7S. The NSS is to fall unuei the uiiect iesponsibility of an intei-
pailiamentaiy committee oi of a pailiamentaiy committee
compiising of membeis fiom all siues of the house which will be
seating on a iegulai basis to monitoi the woik peifoimeu by the
NSS.

S76. The law is to be amenueu anu the intelligence seivice shoulu also be
iesponsible to pioviue social infoimation to the house in oiuei that
they may be iooteu towaius the necessaiy institution.

S77. The whole fire services need to be overhauled and tuned to the demand
of the present century. We observed the following:

















217











Truth alone will endure, all the rest
will be swept away before the tide of time

Mahatma Ghandi