Rodrigues: Refusedl to Submit to a Breathalyzer Test, Driver Suffering from Throat Cancer Acquitted

Magistrate Meenakshi Bhogun-Ramjutton, Court of Rodrigues, acquitted Canarapen Goinsamy, who was prosecuted for refusing to submit to a blood alcohol test. The individual was driving a van when the police checked on 30 October 2012, in Mont-Lubin, Rodrigues. According to police, the suspect was drunk and had even admitted to having a few drinks. However, it should refuse to submit to a breathalyzer test, insisting that he was suffering from throat cancer. The magistrate acquitted because the police failed to prove otherwise in court.

Driver was prosecuted for "failing to undergo breath test" contrary to section 123G (1) (a) and (2) (a ) of the Road Traffic Act. He was driving a van when the police had to control October 30, 2012 at Mont Lubin. The man had pleaded not guilty to the charges against him and was defended by Stephen Rex. The police officer who was conducting the operation to track down Mont Lubin that day said it had asked the accused to stop to be controlled. The man was drunk, said the officer, and was suspected of driving while intoxicated. Canrapen Goinsamy would also concede taking "a few glasses of whiskey," asking the police not to verbalize because he earned his living as a driver in Mauritius.

Taken to the police station in Petit Gabriel, the man was informed the possibility of a blood test and urine, the latter unwilling to submit to a breathalyzer test. He then tried to blow up a balloon, but in vain. And then inform the police that he was suffering from throat cancer.

Other officers appeared at the trial, recognizing that the man had refused a breathalyzer test several times before finally accepting that attempt be unfruitful. They then admitted that he initiated any investigation to ascertain whether or not the suspect was suffering from cancer of the throat.

Given the facts presented in court, the judge concluded that there had been no "plot "by the police against the accused. " I hold that it cannot be gainsaid beyond reasonable doubt that the accused unlawfully failed to give a sample of his breath for a breath test without a 'reasonable excuse'. The fact that accused had a medical condition could be a reasonable justification to explain why he could not sustain a continuous breathing in the apparatus and which was why he had initially refused to submit to the test. "In his judgment, the magistrate Meenakshi Bhogun-Ramjutton nevertheless considers that it is for the police to determine whether the accused was indeed suffering from throat cancer, it did not. Canarapen Goinsamy was therefore acquitted.