Supreme Court of Mauritius, 30 mars 2026, 2026 BMB 25 – Police v Thierry Amanzo LAMARQUE

Police v Thierry Amanzo LAMARQUE

2026 BMB 25

BEFORE THE DISTRICT COURT OF BLACK RIVER In the matter of: Cause number 1074/2025 Police V Thierry Amanzo LAMARQUE JUDGMENT 1. The accused pleaded not guilty to an information charging him with the offence of wounds and blows pursuant to section 230 of the Criminal Code.

2. He was unrepresented.

3. The case for the prosecution rests primarily on the testimony of the main prosecution witness inasmuch as the accused did not give any defence statement in writing in the present matter as per the testimony of witness no.1

4. Witness no.2 – the main witness – deposed to the effect that she reported a case against the accused in 2014 whereby the accused assaulted her by hitting her at her forehead. Upon a motion to refresh the memory of the witness was allowed by the court, the witness explained that she reported the matter to the police two days later because she felt sick and light-headed after the assault. She recalled that when she asked the accused to lower the volume of the music, the latter grew vexed and dealt her a blow with a torchlight at the head. She was not cross-examined.

5. The prosecution also produced a medical certificate of witness no.2 signed and issued by witness no.3 on the 31 st March 2014 which shows that the witness no.2 had a ‘laceration left temporal region (suturing done)’.

6. The accused elected to remain silent at the close of the prosecution’s case.

7. I have considered the evidence on record and I find that the prosecution’s case has remained unshaken and unrebutted as the accused failed to cross-examine the main witness.

8. The main witness deponed clearly and even if her memory had to be refreshed, it is trite principle that deposition in court is no memory test. The incident dated back to 2014 and upon the memory of the witness being refreshed, the witness recalled the incident clearly and deposed unambiguously in court. The fact that she was injured at her forehead is consistent with the medical certificate which the prosecution also produced.

9. I find that the prosecution has proved its case beyond reasonable doubt and I find the accused guilty as charged.

M I F NATHIRE Ag Senior District Magistrate This 30 th March 2026