Supreme Court of Mauritius, 17 juin 2020, 2020 PL2 31 – Police v Burette

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Police v Burette

2020 PL2 31

POLICE v BURETTE

CN: 5525/19 THE DISTRICT COURT OF PORT LOUIS (Division II)

In the matter of:-

Police

v.

Renaud Ramon Prague BURETTE

JUDGMENT

Accused is prosecuted on an information for the offence of Illegal Littering.

According to section 3(b) of the Local Government (Dumping and Waste Carriers) Regulations 2003 GN no. 18 of 2003 [the Regulations], no person shall throw, drop or otherwise deposit or cause any littering in any street, road, drain, river or other public place other than in a space or bin specially provided for that purpose.

The case for Prosecution rests on the testimony of PC 9688 Peerbux, posted at Police de l’Environnement who testified under solemn affirmation that he was on duty at Pamplemousses Road, Sainte Croix, on 13 November 2017 when he saw Accused at 10.47 throwing a cigarette in a public place and took him a contravention. In Court, Witness Peerbux identified Accused as being the alleged offender. During cross- examination, Witness Peerbux stated that he was at a distance of 2 to 3 metres from Accused.

Accused elected to make a statement from the dock after being informed of his rights to remain silent, to give evidence under oath or to make a statement from the dock. He stated that Witness Peerbux is lying and that he viewed a video footage from one Ragoobeer shop and could not find the alleged incident. He also stated that Witness Peerbux was around 4 to 5 metres away from him.

It is apposite to note that Accused does not deny being present on the locus at the material time but he only denies having thrown the cigarette, and the proof of the alleged video footage is not brought by

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Accused. Furthermore, there is nothing on record to suggest that Witness Peerbux had any motive to level a false charge against Accused.

Having considered the testimony of Witness Peerbux under solemn affirmation, the statement of Accused from the dock and their demeanour, the Court finds that Prosecution has established its case beyond reasonable doubt. Accordingly, Accused is found guilty as charged.

Z Cassamally (Dr) Ag. District Magistrate 17.06.2020