Mapou, Driver Verbalized: Lawyer Disputes in Court the Legality of Police Uniform

10 years, 6 months ago - 30 September 2013, Le Mauricien
Mapou, Driver Verbalized: Lawyer Disputes in Court the Legality of Police Uniform
The magistrate Naddhiya Dauhoo, sitting in the district court will have to decide if the uniform of the police force is legal or not.

This follows a point of law raised by Mr. Siv Potayya, a bus driver who was fined and who appeared before the judge on Thursday to answer charges lodged against her lawyer. The defense lawyer also claimed stopping the trial. . The interlocutory judgment on the motion was reserved

According to the indictment, the man continued to have one) refused to blow into a balloon as a policeman asked him, 2) refused to give a sample his blood and his urine, and 3) operating a vehicle while he had a blood alcohol level above the legal limit. The accused, who pleaded not guilty, is 44 years old.

Presenting his motion, Mr. Potayya said first according to the text of the law under which the accused is charged, only one policeman in uniform has the right to take a person in contravention. Second, the District and Intermediate Courts (Criminal Jurisdiction) Act (LOAC), Article 125, states roughly that " all averments contained in an information should be proved" That the indictment refers to a law under which the accused was fined, it is the duty of the prosecution to establish that the police uniform is legal. In addition, as stated in the Police Act, the wearing of the uniform is imperative.

Potayya me showed that the Interpretation and General Clauses Act provides that the uniform must be of a police officer, must be promulgated. Article 12 states that any DICA enactment must be published in the Government Gazette. In conclusion, the defense counsel argued that "the uniform is not legal because no law has passed for this to be brought to the attention of the general public."

For its part, the counsel for the prosecution, Mr. Shakeel Bhoyroo, State Counsel, noted that the Police Commissioner is entitled to enroll in the Standing Orders of the police. It can also add the lawyer SLO issue regulations concerning the date of entry into force of certain decisions, such as the model of the uniform. Potayya I replied that these decisions apply mainly to periodic changes for a specific reason, such as changing the traffic when there are street protests on the occasion of the holding of a public meeting, or even during religious festivals.