Le DPP n’objecte plus à la remise en liberté sous caution de Bruneau Laurette

by | Feb 27, 2023 | Actualités, Faits Divers

C’est ce qu’on apprend dans un communiqué de presse ce lundi… Pour rappel, Bruneau Laurette avait obtenu la liberté conditionnelle contre contre deux cautions de Rs 1 million chacune, une caution de Rs 50 000 de même qu’une reconnaissance de dette de Rs 50 millions. Ce sont les conditions pour que Laurette puisse retrouver la liberté provisoire dans l’attente d’un verdict dans le procès qui lui est intenté pour traffic de drogue. Le DPP avait objecté à cette démarche dans un premier temps avant de revenir sur sa décision comme suite:

 

PRESS COMMUNIQUE 

  1. Following the arrest of Mr Jean Bruneau Laurette (the Applicant), the police objected to his release on bail and the DPP, as represented by his officer, conducted the Bail hearing supported mainly by 2 grounds of objection: 

(a) The risk of absconding; and 

(b) The risk of interfering with witnesses/tampering with evidence. 

  1. During the proceedings before the District Court of Moka, the Applicant, through his legal representatives, sought, at times, to elicit a large amount of evidence which would travel outside the motion of a Bail hearing. We strongly objected to that course and the Court, in paragraphs 9 and 10 in its determination, agreed to the stand taken by the Prosecution. 
  2. On the 21st February 2023, the Magistrate posted at the District Court of Moka delivered a Bail Ruling in the case of Police v Jean Bruneau Laurette (1212-13/2022) ordering that the Applicant be released on bail with conditions. 
  3. On the same day, the Director of Public Prosecutions (DPP), through his representative, moved for a stay of the said Ruling, pursuant to section 4 of the Bail Act with a view to apply for an Order from the Supreme Court setting aside the said Ruling. 
  4. The DPP has a delay of 7 days following the decision of the Magistrate to decide whether he would definitely or not apply for an Order from the Supreme Court challenging the said determination after having the benefit of perusing the whole Court record comprising of the determination itself and the full transcript of the Court proceedings. 
  5. The DPP has indeed duly considered the said Ruling and in particular the following: 
  6. a) That the Magistrate has found, for the purpose of the Bail hearing, that the nature of the evidence against Mr Jean Bruneau Laurette is strong, sufficient and reliable; b) That the risk of absconding is plausible; 
  7. c) That the risk of interference with witnesses/tampering with evidence has not been substantiated; 
  8. d) That the risk of absconding may, however, be reduced to a negligible level by the imposition of conditions; 
  9. e) That the Magistrate then carried a risk-balancing exercise before using her discretion to impose several conditions which, in her view, would reduce the risk of absconding to a negligible level; 
  10. f) That the imposition of the said conditions would vigorously allow the police to ascertain and monitor the Applicant’s daily movements to ensure he does not take flight. 
  11. That in view of the fact that the investigation is still ongoing, specific conditions have further been imposed to prevent any risk.
  12. In the light of the stringent conditions imposed by the Court and the fact that the risk of interfering with witnesses/tampering with evidence has not been substantiated, the DPP has decided, after careful consideration, not to apply for a review of the said decision which, it must be stated, is limited to the circumstances of the present Bail application. 
  13. Finally, like in any other criminal investigation, the DPP urges the Police to complete the investigations within a reasonable time so that the case file could be sent to the DPP forthwith hereafter for a decision to be taken. It is to be noted that the police have intimated before the District Court of Moka that an approximate time period of 4 months is needed to complete the enquiry. 

OFFICE OF DPP 

27 February 2023

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