Driving Intoxicated: His Sentence of Six Months in Prison Reversed

The shopkeeper was prosecuted before the District Court Hautes Plaines Wilhems Curepipe, for driving while intoxicated and failing to produce his driving license. He pleaded guilty as charged by the police under certain provisions of the Road Traffic Act.

At the trial before the trial court, the prosecution presented evidence "Presumably for award purposes". The plaintiff then closed the prosecution case and the shopkeeper has apologized to the court, adding: "I know that the court will pronounce the withdrawal of my license but it will be difficult for me because of my job. "The Court of Curepipe had then sentenced to six months in prison and two fines totaling Rs 20,500.

Considering that the judgment was flawed, the shopkeeper appealed. He was represented by Manisha Ajodah (lawyer) and Vasant Luchmaya (confessed). The appeal was heard by the judges Abdoula Hajee Abdul Razack and Prithviraj Fekna.

The legal counsel for the appellant argued that the absence of information about the author of certain documents produced at trial. According to the lawyers, as it was a hearsay evidence, these documents have never been accepted by the magistrate of the Court of Curepipe.

In addition, during the call, the legal representatives argued that the court should show the document to the shopkeeper - he had not hired a lawyer for his defense - and he had every right to 'deny the content. However, it has not been informed in this regard. Both parties agreed that this case involved some irregularities.

Hajee Abdul Razack judges Abdoula and Prithviraj Fekna argued that the decision is essentially "the result of the lower court's failure to ask the accusé Whether he denied the gold Admitted previous convictions." They broke the sentence of the trial court and requested a new trial.