Supreme Court of Mauritius, 10 juillet 2020, 2020 MOK 6 – POLICE v GOPALEN S

POLICE v GOPALEN S

2020 MOK 6

Cause No: 764/20

THE DISTRICT COURT OF MOKA

In the matter of: Police

v

Sathian Gopalen JUDGMENT

The accused is charged with no rear view mirror in breach of regulation 19(3) of the Road Traffic (Construction and Use of Vehicles) Regulations 2010. He was legally unrepresented during the trial and the proceedings were conducted in Creole.

In support of the case for the prosecution, Constable Aurtaram has related how he was on patrol in Saint Pierre on 16 May 2017 when he directed the accused who was riding a motorcycle bearing registration number 6809 W to bring his vehicle to a stop. In addition, he has mentioned that the motorcycle was not equipped with a right rear view mirror, and that the accused replied that same was broken when he was questioned. On the other hand, the accused has denied the charge claiming that the registration number of the vehicle is unknown to him.

I have considered all the evidence on record. I am of the opinion 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 motorcycle which the accused was riding on the material date was not equipped with a rear view mirror on the right hand side. Second, he was not cross- examined by the accused which means that his evidence has remained uncontested. 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, unchallenged and convincing testimony of Constable Aurtaram.

I accordingly find the accused guilty as charged.

Navish Jheelan

Senior District Magistrate 10 July 2020