Crisis in government : An odd cohabitation in Cabinet

Lutchmeenaraidoo is not the only woe of this government at the moment, PPS Thierry Henry is under investigation for involuntary homicide after a fatal road accident. PPS Tulsiraj Benydin is being probed for “abuse of power” after he requested that a patient be given preferential treatment in a public hospital. Former minister Raj Dayal is bogged down in a case of public official asking for gratification. And Pravind Jugnauth, who leads the majority political party in parliament, is awaiting the decision of the Supreme Court following his appeal against his 12 months imprisonment sentence for conflict of interest. Before looking at what has become the daily tribulations of the parliamentary majority, let us first look at what happened this Thursday. Cabinet meetings are a closely guarded secrets with very little information leaking from this watertight compartment. This Thursday however would have been a sight to die for... Vishnu Lutchmeenaraidoo sitting at the same table as Roshi Bhadain for a meeting chaired by Sir Anerood Jugnauth. All three men have been involved in a game of musical chairs over the ICAC probe on a loan taken out by Lutchmeenaraidoo. Some days ago, some documents found their way to newsrooms across the country and the Independent Commission Against Corruption initiated an enquiry into the loan taken out by minister Vishnu Lutchmeenaraidoo. The latter contracted a loan for euros 1.1 million from the State Bank of Mauritius at an annual interest rate of 1.5% payable after two years. Short of his step down, he was transferred to the Ministry of Foreign Affairs. On Wednesday, Lutchmeenaraidoo was interrogated under warning for about four hours at ICAC. The request for an arrest warrant made by ICAC to the Commissioner of Police is still pending. Before heading to the Commission however, the minister swore an affidavit asking for an injunction against his interrogation. His request was turned down. The affidavit by and large made some serious allegations or gave an insight on the inner workings of the government. Depending from which angle you look at it. According to the foreign affairs minister, his colleague minister of good governance Roshi Bhadain is the root cause of his troubles. There is a conspiracy to oust him from government and enable Bhadain to become finance minister. Moreover, Lutchmeenaraidoo claims that the loan documents were leaked by his colleague and the latter wants to have an upper hand on the running of the affairs of the country. He claimed that Bhadain has “provoked and initiated” the investigation of the ICAC so as to “kill him politically.” On Wednesday afternoon, the prime minister’s office issued a press release stating that parts of the affidavit sworn by minister Lutchmeenaraidoo were unfounded. Moreover, Sir Anerood Jugnauth said he never took cognisance of the loan agreement taken out by his minister. This came as a cold shower to the minister who was expecting some form of reaction. Despite his stand, an ongoing enquiry against his minister, Sir Anerood Jugnauth still has not called upon the latter to step down or revoked him.

[[{"type":"media","view_mode":"media_large","fid":"14526","attributes":{"class":"media-image wp-image-24243 alignleft","typeof":"foaf:Image","style":"","width":"183","height":"194","alt":"Vishnu-lutchmeenaraidoo"}}]]Lutchmeenaraidoo casts doubts on ICAC’s independence

The anti-corruption agency is easy fodder for criticisms, be it from the public or other quarters. It has been so since its inception. The former US Ambassador to Mauritius, Shari Villarosa even told the press it was not the best example of an independent agency. However, the criticisms of Lutchmeenaraidoo go beyond. In fact, he goes as far as to claim that the agency is under the direct control of Roshi Bhadain. In his affidavit, the minister claims that the director of the agency, Kaushik Goburdhun, is closely related to minister Bhadain and was operating under the latter’s orders. We sought the advice of lawyers regarding this aspect. Barrister Sunil Bheeroo asks why is it that every time a VIP is subject to an investigation, they tend to question the independence of the agency. “The government is in power since 15 months and they have set up a parliamentary committee to supervise ICAC. Moreover, the chairman of ICAC is a member of the MSM party, same as Lutchmeenaraidoo. One must distinguish between the independence of an institution as compared to the independence of someone who is leading the institution.” Sunil Bheeroo maintains that ICAC has proven itself. “ICAC possesses competent officers as well as enquiring officers. They are very capable. They have been enquiring on a large number of cases and culprits have been prosecuted in most cases. ICAC has secured conviction against all those accused whether in the case of Pravind Jugnauth and cases involving customs officers, police officers and individuals who have committed or attempted to commit an offence under the POCA.” He adds: “Over the pas 15 months, if ICAC was not independent, Lutchmeenariadoo, as a senior minister, could have done something. ICAC is established by virtue of legislation. It is well regulated. I fail to understand why the independence of ICAC being questioned. It is clear that the population is going to draw its own conclusions.” Lawyer Neil Pillay affirms that the basic rule when you say something is you need to prove it. “Vishnu Lutmeenariadoo has questioned the independence of ICAC. So, he needs to prove it in Court. He should clearly demonstrate what he means by closely related. Is Kaushik Goburdhun a family member or a friend of Roshi Bhadain? To what degree are they related? Besides, another issue is, even if they are closely related, how far can the person influence any decision?” All these points will have to be answered in court to get a clear picture.

[[{"type":"media","view_mode":"media_large","fid":"14524","attributes":{"class":"media-image wp-image-24241 alignleft","typeof":"foaf:Image","style":"","width":"177","height":"174","alt":"Roshi-Bhadain"}}]]Roshi Bhadain: “There has never been any division between us”

On Wednesday, Roshi Bhadain stated to the press that various elements of the affidavit sworn by Lutchmeenaraidoo are unfounded. “This may be his defence strategy in the case in which he is involved. But there has never been any division between us. Certainly, we can have diverging opinions on some issues, such as SMEs, Smart Cities or MauBank. But it is normal to share our opinions in Cabinet meetings. I do not know who advised my colleague, but his affidavit is not the best advice he could have. For now, I will not respond. I plan to continue working because people have voted for me. If, at some point, I find it necessary to go to Court, I will. He knows how to take the right decision. If he resigns, it will be much to his credit.”

[[{"type":"media","view_mode":"media_large","fid":"14522","attributes":{"class":"media-image wp-image-24239 alignleft","typeof":"foaf:Image","style":"","width":"189","height":"181","alt":"Jack-Bizlall"}}]]Jack Bizlall: “There are more scandals to come”

Political observer Jack Bizlall states that the current situation within the government was predictable. “I did warn of upcoming troubles. There is a conflict of generations within the government; a new generation with their disproportionate ambitions and the older generation. There are more scandals to come. These will have much impact on the government. Among them, the case of Rakesh Gooljaury.” The affidavit sworn by minister Vishnu Lutchmeenaraidoo against minister Roshi Bhadain has some serious implications. “An affidavit is a declaration done before the Court and it has to be truthful. If ever Vishnu Lutchmeenaraidoo has sworn a false affidavit, he might end up in jail according to law. He is staking his freedom. However, it could be the contrary and such a scenario will play against other people. Instead of making a public statement, the prime minister and Roshi Bhadain should have sworn a counter-affidavit or file a police case. For the time being, it is of utmost importance that the truth be revealed.” According to Jack Bizlall, this internal crisis will not have an impact on the MSM party. However, it can have serious repercussions on the government. “The population placed high expectations on the government but our elected representatives have been doing the opposite of what they promised. The population is fed up with politicians. It will not be surprising to see the emergence of a far right party. There is also a danger of populist left-wing one.” As highlighted by the political observer, the world is already facing an economic crisis and Mauritius cannot escape from it but with the prevailing political instability, it can be worse. Commenting on the case of Thierry Henry, he says that it is a criminal case and the police should assume their responsibility. “The police must forge ahead with its enquiry. In many countries, it is assumed that MPs have a de-facto immunity and Mauritius has been adopting the same regime. However, this is not the case in the UK where everyone is equal before the law. Mauritius has a well defined legal system, so each member of the system must assume their role as defined by the Constitution.”

[[{"type":"media","view_mode":"media_large","fid":"14523","attributes":{"class":"media-image wp-image-24240 alignleft","typeof":"foaf:Image","style":"","width":"174","height":"173","alt":"Raj-Dayal"}}]]Raj Dayal hanging to DPP’s decision

The DPP will have to answer a motion presented by Avineshwar Dayal for provisional charges held against Raj Dayal to be struck off. Debates on this motion will be held on April 18. An arrest warrant was issued against the former minister on Wednesday afternoon following his interrogation at ICAC. He was released after paying a bail of Rs 15,000 and signed an acknowledgement of debt of Rs 300,000. He is provisionally charged for bribery by public official under Article 4 (1) (a) of the Prevention of Corruption Act. During his interrogation, in the presence of his lawyers Ajay Daby and Avinash Dayal, the former minister denied having asked for gratification from businessman Patrick Soobhany. Besides, he refused to be confronted with the recording produced by the businessman alleging that the latter has lied. While leaving the Court, the former minister stated: “I will be back.” “Take it easy. Relax. I will come with a press statement. I went to ICAC for interrogation. I answered all the questions and they allowed me to go. I went to my house but they called me again. Then there was an arrest.” He added: “When I was the Commissioner of Police, they did not allow me to do my work. Today, they are doing the same. People know that I have been working during cyclones, floods and normal days. People elected me because they trust me. It is clear that the mafia has infiltrated some institutions.”

[[{"type":"media","view_mode":"media_large","fid":"14525","attributes":{"class":"media-image wp-image-24242 alignleft","typeof":"foaf:Image","style":"","width":"175","height":"169","alt":"Thierry-Henry"}}]]Thierry Henry accused of involuntary homicide

PPS Thierry Henry is provisionally charged of involuntary homicide while driving under the influence of alcohol and refusal to submit to a breath test. The car he was driving was involved in a fatal road accident in Bois Marchand, on the outskirts of Port Louis, in early hours on Sunday. On Monday, he appeared before the Pamplemousses District Court and was released on bail upon furnishing a surety of Rs 50,000 and recognizance of debt of Rs 100,000. Thierry Henry, his wife Vicky and other relatives, including Jean Francois and Isabelle H., were in the black BMW. They were returning from Pointe aux Sables and were going towards L’Aventure du Sucre. The car rammed into the pedestrian Stephano André who was crossing the motorway. This inhabitant of Congomah was heading to a party to celebrate his birthday. Initially, Vicky, the wife of Thierry Henry, reported at the Terre Rouge police station that she was driving the car at the time of the accident. She was immediately placed under arrest. But later, she was admitted to a private hospital. On Sunday afternoon, Thierry Henry, accompanied by his lawyer Hervé Duval Jr, called at the Terre Rouge police station. He confessed that he was driving the BMW at the time of the accident. He refused to undergo breath test after the accident. The PPS was arrested and detained. On Monday, the couple appeared in Pamplemousses Court. A provisional charge of ‘obstructing police’ was lodged against Vicky Henry. She was released after paying a bail of Rs 10,000 and signed an acknowledgement of debt of Rs 50,000. Thierry Henry was released after paying a bail of Rs 50,000 and signing a recognition of debt of Rs 100,000. Following his appearance in Court, the MP stated to the press that he got carried away by the turn events. “My wife and I were under terrible stress. We tried everything to avoid the accident. I was in a state of shock and got carried away. But when I regained my senses I decided to shoulder my responsibilities.” In Parliament on Tuesday, the leader of the opposition stated that “PPS Henry should step down as he has committed a conspiracy to pervert the course of justice.” However, the prime minister came to the rescue of his PPS and said: “There is no proof that Thierry Henry and his wife have committed a conspiracy.”