Supreme Court of Mauritius, 15 juin 2020, 2020 PL2 54 – Pce v Soowurut

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Pce v Soowurut

2020 PL2 54

POLICE v SOOWURUT Oomar Abdool

CN2203/19 IN THE DISTRICT COURT OF PORT LOUIS (2ND Division) In the matter of:

POLICE V SOOWURUT Oomar Abdool

JUDGMENT

Accused stands charged with the offences of: (1) Driving motor vehicle without licence in breach of Sectiom 40, 52 and Sect 163 of RTA (2) Worn out tyre in breach of Reg 81(e) and 125 of GN 53/2010 (3) Taking motor vehicle without owner’s consent in breach of Section 151 (3) and 52 of RTA

The accused pleaded not guilty to count I, II and III. The accused was inops concilii at trial stage.

Prosecution produced an NTA certificate for the vehicle in question, marked as Doc A as well as a memo from Traffic Branch, marked as Doc B.

Prosecution called witness no.1, CPL Bantooa, who stated that the accused declined to provide a statement in writing.

The case was then closed for the Prosecution.

The accused was informed of his Constitutional rights in creole and elected to make a statement from the dock.

The accused stated that he begs for excuse

The case was then closed for the Defence.

The Court has considered the evidence on record. The accused made a full-fledged confession.

Accordingly, Court finds that the Prosecution has proven its case beyond reasonable doubt and accordingly, finds the accused guilty as charged under all three counts.

Mrs Manjula Kumari Boojharut (District Magistrate) Delivered on 15 June 2020