ROSHI BHADAIN, Gcsk
BARRISTER-AT-LAW
November 30, 2020
‘The Director of Public Prosecutions
Office of the Director of Public Prosecutions
14" Floor, Garden Tower Building
Poudriére Street
Port Louis
Dear Sir,
Re: Private Prosecutions in the context of the ‘Angus Road affair’
| am writing to you on a matter of great public interest referred to as the ‘Angus Road
Affair, regarding the purchase of immovable properties at Angus Road, Vacoas, by
Hon. Pravind Jugnauth and Mrs Kobita Jugnauth.
| have taken note of a public statement made by your office on 20" November 2020,
in relation to this matter, where it is stated: “... the ICAC or its Director General has
never, at any point in time, referred to our Office any file pertaining to any
investigation into a purchase of immovable property at Angus Road, Vacoas.”.
It is a matter of great concern and public interest that the investigative authority has
taken nearly a decade to conduct its investigation under Sections 46 and 47 of the
Prevention of Corruption Act 2002 ('PoCA’) and has not to date forwarded any file to
your good office in relation to the purchase of immovable properties at Angus Road,
Vacoas. | have also taken note of a communiqué issued by the ICAC on 26"
November 2020.
In the light of the statements made by Hon. Pravind Jugnauth at his press
conference held the next day after the ICAC Communiqué, ie. on Friday 27"
November 2020 and several public documents available, it has been confirmed that
several criminal offences have been committed, including:
1. ‘Conspiracy to commit an unlawful act’ in breach of Section 109 of the Criminal
Code (Supplementary) Act;
2. ‘Limitation of payment in cash’ in breach of Section 5 of the Financial
Intelligence and Anti-Money Laundering Act 2002 (‘FIAMLA’); and
dre co3. ‘Public official using his office for gratification’ in breach of Section 7 of the
PoCA.
| have also taken note of Section 82(1) of the PoCA and Section 7 of the FIAMLA,
which states as follows:
Section 82(1) of the PoCA:
"82. Prosecution, conviction and forfeiture
4. Subject to subsection (2), no prosecution for an offence under this Act or Part II of
the Financial Intelligence and Anti-Money Laundering Act 2002. shall be instituted
‘except by, or with the consent of, the Director of Public Prosecutions.”
Section 7 of the FIAMLA:
“7. Jurisdiction
Notwithstanding any other enactment, the Intermediate Court shall have
jurisdiction to try any offence under this Act or any regulations made thereunder
and may, on conviction, impose any penalty including forfeiture.”
Sir, | am in the process of preparing the draft information and evidence file to be
submitted to your office with a view to obtaining your consent for abovementioned
private prosecutions. In this context, | would humbly request that your office also
obtains a full copy of all relevant files from the ICAC to enable an informed decision
by your goodseff with regard to the private prosecutions that | intend to lodge before
Court.
| would also humbly request in the meantime for a meeting with your office, at your
convenience, to establish the legal process to follow, in the light of the relevant legal
provisions mentioned above, so that | may proceed according to law.
| may be contacted by email on: and on my cell number
and whatsapp on
Thanking you in advance.
Yours faithfully,
-
Me. Sudarshan Bhadain, GCSK