Accident Yatin Varma at Quatre Bornes - Where Are We?

Despite the guarantee given by the Prime Minister witnesses to the accident, some chose not to give their version of events. "The Duel" on Tuesday focused on the meaning of a Prima Facie Case and the media coverage of the High Profile Case. The guests were the lawyer Florent Jeannot, Rubina Jaddoo and former Attorney General, Rama Valayden.

Rubina Jaddoo: "This case is sensitive enough"

> What is Prima Facie Case?

Rubina Jaddoo: Prima Facie is a Latin term that means is that there is sufficient evidence unless someone proves otherwise. Legally, if there is a Prima Facie Case, criminal, it is not necessary to establish beyond Reasonable Doubts. The police must be able to provide sufficient written for the Court to convict an accused evidence.

> The Prime Minister said that if there is a Prima Facie Case against one of his ministers, he asked him to 'step down'. Investigations take some time before being fastened. Is it mandatory to wait for an investigation to initiate a Prima Facie Case?

For there to be a Prima Facie Case, three elements must exist: such a witness statement, real evidence, and the release of the suspect. Where are these three elements, the police referred the case to the Director of Public Prosecutions (DPP). According to the Constitution, the DPP has the discretion to prosecute or not. In this case, we must determine whether there is a Prima Facie Case or not. But do not forget the presumption of innocence. This case is quite sensitive because the person against whom allegations are made is the Attorney General.

> You're talking about a sensitive matter. Do not you feel that we are moving towards a case of no case to answer?

A No-case to answer is last. When there is sufficient evidence, it is a Prima Facie Case. Only a court can decide that this is a no-case to answer. It is always the Court that decides when there are two conflicting versions.

Rama Valayden: "This kind of thing takes time"

> Many people say that the investigation involving the Attorney General takes time and it feeds rumors of cover-up. What is your assessment of the situation?

Rama Valayden: This sort of thing takes time. However, it is important to move quickly, because this situation created misperceptions about the police. I say "misperceptions" in an economical way. When some people believe that the CCID and police cover a minister, it gives a bad image to the police force. It would be good if the CCID and the police go fast. There are two aspects. The police is investigating the accident and the Attorney General who brought the case to the CCID, the two must go quickly.

> Should we wait for an investigation before receiving a Prima Facie Case?

It depends. There are cases where there is a confession. Thus, an investigation can be quickly fastened if a confession. But there are cases where there are many witnesses who come forward, those who receive threats and retract. It may take another turn. It is time that the police completes its investigation and sent to the office of the DPP. Then the ball will be in the camp of the DPP.

> In High Profile Cases, like this, you are concerned that there is a trial by the press?

This is what we call today the trial by media. First, we must not forget the presumption of innocence. There may be a trial by the media because there are pressures through the media, the danger is there. All this must be balanced in our society.

> You have already served as Attorney General. If you are in the situation of Yatin Varma, would you step down?

In this case, they have already put down. There is no need to step down.