MAURITIUS BAR ASSOCIATION

BAR COUNCIL
Chairman: Herve Louis Charles Denis Duval SC Vice-Chairman: The Honourable Attorney General
Secretary: Yahia Nazroo Treasurer: Varuna R Bunwaree Goburdhun
Members: Yanilla Moonshiram, Arvin Halkhoree and Anusha Rawoah (Co-Opted)

COMMUNIQUE OF THE BAR COUNCIL

IN RESPECT OF THE REPORT OF THE COMMISSION OF INQUIRY ON DRUGS

The Bar Council has taken note of the comments, criticisms and recommendations which the
Commission of Inquiry on Drug Trafficking (the “Commission”) has deemed fit to include in its
report issued in July 2018 (the “Report”), together with the subsequent views expressed by other
stake holders.

The Bar Council acknowledges that it is urgent and necessary to take swift and exemplary sanctions
against the barristers who by their conduct may bring the profession in disrepute. The Council is
however of the view that any sanction imposed in breach of the basic principles of natural justice
will be far more detrimental to the profession consisting of some 1000 barristers and the society it is
meant to serve, than the perception that it is unwilling to discipline rogue barristers, however
unwarranted.

The Bar Council finds it most unfortunate that the Report includes criticisms and adverse comments
on the Bar Association and the Bar Council without the Bar Council being questioned about its
current priorities or given the opportunity to address matters of concern affecting the profession as a
whole. As far as this Council is aware the only invitation received from the Commission, was by way
of a letter dated the 16th June 2017 whereby the Commission indicated that it would “be glad to hear
from the Bar Council of any complaint regarding members of the Bar in respect of drug trafficking
and money laundering”. As at date, the Bar Council is not in presence of any complaint of such
nature.

The Report further fails to acknowledge the limited disciplinary powers of the Bar Council. The
Council cannot but view this as a missed opportunity by the Commission to make recommendations
regarding any necessary amendments in our law to ensure that the legal profession becomes a wholly
self-regulated profession.

As the law stands, the investigative powers of the Bar Council are limited to investigating “any
report made to it regarding an alleged breach of etiquette by a barrister”. The Bar Council is further
bound to afford to any barrister who is the subject of a report an opportunity to be heard before it
imposes any sanction. The Council considers that a meaningful opportunity to be heard would, at the
very least, entail affording the concerned barristers the opportunity to challenge any incriminating
evidence before it imposes the ultimate sanction it is empowered to impose, that is a referral for
determination to the Supreme Court of any prima facie case of serious breach of etiquette.

The Bar Council is in presence of requests by some of the barristers subject to adverse
recommendations in the Report to be given an opportunity to be heard. The Bar Council
acknowledges that the Commission could not make findings of ‘guilt’ against the barristers whose
conduct it inquired into, and that it could only uncover information and make recommendations in
the light of the information uncovered. The Bar Council considers that where there is evidence or
admission of a serious breach of etiquette, same cannot be condoned merely on account of the
subsequent conduct of the barrister concerned when investigated. The Bar Council however
considers that the reputation of a barrister is priceless and that an adverse comment in a report of the
Commission, let alone being tagged as a “black sheep”, is in itself a “sanction” for the concerned
barrister as is a referral to the Supreme Court pursuant to Clause 13 (3) of the Mauritius Bar
Association Act (the “Act”).
As far as the issue of ‘fees’ is concerned, the Bar Council believes that the pertinence of issuing an
indicative grid for fees would be best considered within the context of a holistic review of the Code
of Ethics for Barristers (the “Code”) which already provides, at Clause 19 under Part V (Fees) that
“A fee charged by a barrister shall be fully disclosed to his client and shall be fair and reasonable”
and at Clause 8.6 under Part III (Relations with Client) that the appropriateness of the fee claimed is
to be assessed “having regard to the complexity, length and difficulty of the case and to his ability,
experience and seniority”.

The Bar Council does not subscribe to the suggestion of the Commission that barristers are immune
from scrutiny in relation to the fees perceived by them. Unfortunately, it is at present unable to fully
assume its role under the current Anti Money Laundering Legislations by reason of its limited
powers under the Act, which dates as far back as 1957. The Council is, however, liaising with the
FIU in that connection.

The Bar Council has taken note of the setting up of the Task Force to inquire into the conduct of
every barrister named in the Report and therefore considers that it would be inappropriate to conduct
parallel investigations inasmuch as any illegal act allegedly committed by a barrister would
necessarily constitute a breach of etiquette. Likewise, the Council deems it inappropriate to delve, at
this stage, into matters which will invariably arise before the Supreme Court in connection with
applications for judicial review announced by some of the said barristers.

The Bar Council asserts that the Code, being a code of honour, not only prohibits a barrister from
engaging in dishonest conduct but imposes on each barrister the obligation to act with integrity in all
circumstances and at all times.

The Bar Council has every intention to give effect to the letter and spirit of the provisions of Clause
13(4) of the Act which provides that it “may determine that any member of the Association who has
been sanctioned for a breach of etiquette shall be suspended or removed from membership of the
Association”. In that connection, and in view of the far-reaching consequences of a suspension from
membership, this Council has since its election been working on new rules which will be
disseminated shortly to its members.

The Council
22 August 2018

4th floor, Court View Building, Pope Hennessy Street, Port Louis – Mauritius
Tel: (230)213-9130 Fax (230)2139131
E-mail : mba@mba.intnet.mu
http://www.mauritiusbarassociation.com