The French national had in his testimony admitted to police that he was driving drunk the night of June 26 when he was arrested. The breath test was positive he suffered. The French had been sentenced by the court to a fine of Rs 12,000. He had to pay the fee of Rs 100 and his license was confiscated for a period of 8 months. He apologized to the court and said he would not make the same mistake.The accused appealed. He challenged including communication problems, because the trial was held in kreol then he is not a citizen of Mauritius.
In addition, he found unfair the court did not see fit to ask him if he understood that language.Judges Saheeda Peeroo and Shaheed Bhaukaurally, sitting in the Court of Appeal considered that the judge concluded that the French national kreol included since pleaded guilty.
However, the judges still believed that the judge in this case should take into account the nationality of the accused, which would have enabled it to determine the language in which the trial was being conducted. Judges and Peeroo Bhaukaurally broke the judgment and remanded the case.
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