CP v DPP conflict: the FCC intends to use videoconferencing for its English lawyer

It is on July 11, 2024 that the constitutional complaint filed by the Commissioner of Police (CP) Anil Kumar Dip against the Director of Public Prosecutions (DPP) Me Rashid Ahmine will be taken into account on the merits. The date was announced on Monday, June 10, 2024, upon appeal of the case before Acting Chief Justice Nirmal Devat.

From the outset, Me Dhannish Gunesh, lawyer representing the Financial Crimes Commission (FCC), the successor to the Independent Commission Against Corruption (Icac), informed the court that his British lawyer, Me Mark Rainsford, King's Counsel, could not be present in Mauritius on July 11, 2024. Thus, the FCC is considering the use of videoconferencing to allow it to follow the case remotely.

The parties to the case were ordered to complete the preparation of the file. June 24, 2024 has been brought forward as the deadline to complete this stage.

In its complaint, the CP claims that the DPP is encroaching on its powers under the Constitution. In particular on requests for release on bail of certain detainees. Replying to the CP, the DPP argued in its defense that the CP only challenges the DPP's decisions on cases where opponents of the current government are involved. He refers to the cases cited in the CP complaint, namely those of Bruneau Laurette and Akil Bissessur, among others. The DPP denies having usurped the powers of the CP. The DPP is represented in the case by Sir Geoffrey Cox, King's Counsel, Messrs Sanjay Bhuckory and Narghis Bundhun, Vimalen Reddi and Amira Peeroo.