He was accused of hatching a conspiracy with others to avoid paying excise duties and taxes on the importation of two Porsche cars. The offenses took place in 2010. Dhanishwar Toolsee, aged 43, was sentenced on May 22, 2024, before the Financial Crimes Division, to pay two fines totaling Rs 20,000.

In fact, Dhanishwar Toolsee was the subject of two criminal conspiracy charges before the Financial Crimes Division (FCD). Trial which was initiated on September 13, 2021, by the Director of Public Prosecutions (DPP) before the court. The offenses took place in 2010.

This resident of Plaines des Papayes was accused of having acted in concert with Mooneshwar Mudhoo and Mohummad Nauwshadally Ghoorun, to evade payment of excise duties and taxes on two imported cars, notably a Porsche Cayenne and a Porsche Panamera.

Dhanishwar Toolsee had pleaded guilty and was defended by Mr. Yanilla Moonshiram. The prosecution was represented by Me Nisha Pem.

In court, Inspector Robin Bhundoo, lead investigator in this case, had claimed that there was a shortfall of Rs 7,357,957 in terms of taxes in this present case. He also indicated that five other people, including the accused, had been arrested in this case. He added that two of them were sentenced after pleading guilty. One had benefited from conditional release, the other from a fine of Rs 70,000. While a third died.

The witness also emphasized that the accused had revealed the identities of the people involved in this affair. While adding that the accused gave the name of the person who told him that he would buy two Porsche cars and that the money was deposited with SS Motors. Furthermore, the accused had explained that he was not in the business of purchasing cars in the United Kingdom.

The forty-year-old's participation, according to the witness, was limited to receiving money for the purchase of Porsche cars and paying for these purchases through his company. Excise duties and taxes were paid by the owners.

In court, Dhanishwar Toolsee highlighted his personal situation. Notably that he is married and the father of a 17-year-old child who is studying at a cost of Rs 30,000 per month. He also said that he took out a loan which he must pay monthly. He expressed remorse and apologized. He also promised he would testify against Désiré Dayvid Nelson Mirbel who faces a separate trial in the case. The latter pleaded not guilty.

In his judgment, magistrate Abdool Raheem Tajoodeen claims to have taken note that the accused pleaded guilty and the circumstances of this case. Furthermore, he said, the offense was committed in 2010 and the accused was prosecuted in 2021. And it was only fourteen years later that a verdict was issued.

On the other hand, the magistrate mentions having taken into account the testimony of the main investigator in this case. The latter reported a shortfall of Rs 7,357,957 in taxes for the two cars. However, he said, the witness was unable to explain how he reached this figure, nor was he able to indicate for each car how much the tax shortfall was.

Another remark from the magistrate is that “it is noted that the prosecution did not bring any evidence from the relevant authority as to the calculation of the shortfall of tax”. Hence two fines totaling Rs 20,000 were imposed on the forty-year-old.

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