Supreme Court of Mauritius, 30 juin 2020, 2020 MOK 4 – POLICE v BHANTOO G

POLICE v BHANTOO G

2020 MOK 4

Cause No: 2843/19

THE DISTRICT COURT OF MOKA

In the matter of: Police

v

Geeta Bhantoo JUDGMENT

The accused is charged with insult in breach of section 296 of the Criminal Code. She was legally unrepresented during the trial and the proceedings were conducted in Creole.

In support of the case for the prosecution, the alleged victim has related how his mother-in-law insulted him when he went to visit his children in Montagne Blanche on 18 December 2018. On the other hand, the accused has admitted the charge when she was questioned by the police, but she has denied same during the proceedings in Court.

I have considered all the evidence on record. I am of the view that the prosecution has established its case against the accused beyond reasonable doubt for the reasons provided in the ensuing paragraph.

First, the witness for the prosecution has given evidence coherently explaining that the accused insulted him on the material date. Indeed, he has repeated the same insulting word which appears in the body of the information. Second, he was hardly cross-examined and he has maintained his version which means that his evidence has remained unshaken. Third, the accused has elected to make a statement from the dock such that the weight to be attached to same cannot be heavier than that to be attributed to the sworn, unshaken and convincing testimony of the alleged victim.

I accordingly find the accused guilty as charged.

Navish Jheelan Senior District Magistrate

30 June 2020