Judicial System Shaken by Missie Moustass Revelations

The judicial community is currently in turmoil following the release of audio recordings, dubbed the “Moutass Leaks,” which allegedly involve ministers, lawyers, and even a judge. These shocking revelations have sparked intense reactions from various legal professionals.

Vinod Boolell, Former Judge: “This is More of an Ethical Issue than a Criminal One”

Vinod Boolell, a former judge, began by stating that the authenticity of the recorded conversations is uncertain.

He emphasized that if these recordings can be verified as genuine, they raise significant ethical questions for the legal professionals involved.

Boolell remarked that determining the authenticity of the recordings would require specialized analysis.

However, if confirmed, he added that it would pose a serious ethical dilemma for the lawyers and other legal professionals whose voices are captured in the recordings.

On top of the ethical concerns, Boolell pointed out that the recordings could lead to intricate legal issues.

“The first question that arises is their admissibility. Are they even permissible in court or before the Bar Council?” he queried, noting the added complexity arising from the possibility that these recordings were made without the knowledge of those involved.

He referenced previous case law, including the Sir Bhinod Bacha case, where audio recorded without consent was deemed inadmissible by the then Senior Puisne Judge, Bernard Sik Yuen.

According to Boolell, if experts validate the authenticity of the recordings, the Bar Council could call upon the implicated lawyers to provide an explanation, particularly regarding the context of their comments.

He reiterated that the allegations within the Moutass Leaks represent “more of an ethical issue than a criminal one.”

He also highlighted the critical importance of public perception, asserting, “Sometimes perception exceeds reality.”

He pointed out that even if a judge is independent, a negative perception could undermine efforts to affirm that independence.

Me Noren Seeburn: “This is Extremely Damning for the Profession”

Former magistrate and attorney Me Noren Seeburn expressed no doubt regarding the authenticity of the recordings released by Missie Moustass.

He stated, “I believe this is the reality. It’s not fake.” While he admitted he does not know the lawyers implicated, he stressed that all attorneys are bound by a strict code of ethics that holds greater legal authority, requiring them to prioritize their duty to the court over their duty to clients.

Seeburn stated that the lawyers implicated seem to violate this obligation by undermining justice and facilitating a provisional accusation without proper evidence.

“This is nothing short of the perversion of justice,” he declared. He underscored that participation in schemes to subvert judicial integrity is a deliberate violation of the code of ethics.

“Such actions erode trust in the legal profession,” he warned. He further asserted that lawyers who breach this code cease to act as attorneys and rather become conspirators.

“They become more of a mercenary than a lawyer,” he contended.

Seeburn extended this expectation of integrity to the judicial officials, who should operate without fear of being wiretapped as long as they act within the law.

He affirmed, “The mission of a magistrate is to deliver justice without favoritism or intimidation.”

Should the recordings be verified, Seeburn anticipates disciplinary action for the implicated lawyers, adding:

“It is very damning for the legal profession and for public perception, which may see lawyers as mercenaries.

It is crucial for authorities to enforce the code of ethics to counter this perception.”

Me Narendra Appa Jala, Senior Attorney: “If There Are Breaches of the Code of Ethics, Sanctions Are Necessary”

Me Narendra Appa Jala, a Senior Attorney and Vice-President of the Mauritius Law Society (MLS), articulated his stance on the Moutass Leaks.

Although acknowledging the gravity of the allegations, he cautioned against making sweeping generalizations.

Jala pointed out that no formal complaint has been lodged with the MLS regarding these recordings.

“If there are, we will consider the next steps,” he commented. He stated, “In every profession, there are always a few bad apples, but I cannot claim that this is the case, at least until I receive a complaint.”

Nonetheless, he stressed the need for sanctions if any lawyers have acted against the code of ethics.

“If a lawyer has violated the code of ethics, they must be penalized. There’s no escaping that.”

Jala expressed uncertainty about whether a violation of the code actually occurred, prompting the need for thorough verification of the recordings before concluding.

He also warned against premature conclusions, as it is feasible to falsify recordings, including voice imitation.

“Some individuals can imitate voices. So that too cannot be ruled out. I don’t know…”

Regarding potential impacts on public trust in the judiciary, Jala was optimistic, stating:

“I don’t believe people will lose faith in the justice system.

As of now, I have not encountered anyone who has come to me claiming they have lost confidence because of these matters.

On the contrary, they want me to take their case.”

Laura Jaymangal, Executive Officer of Transparency Mauritius: “No One is Above the Law, Whether Judge or Lawyer”

Laura Jaymangal, Executive Officer of Transparency Mauritius, shared her concerns regarding the phone tapping case, highlighting a significant lack of transparency and oversight within institutions.

“Discussions among heads of state should not be in the public domain,” she asserted.

“It is alarming that phones have been tapped,” she added, emphasizing the obscurity surrounding not only the perpetrators of these wiretaps but also the context in which they were executed.

According to Jaymangal, this atmosphere of suspicion revealed vulnerabilities in institutional control threatening the integrity of the democratic system.

The information that emerged from these recordings could potentially expose acts of corruption and abuse of power.

“Investigations into these conversations are imperative,” she urged, calling for a thorough inquiry to uncover possible cases of influence peddling involving judges and other judicial figures.

“No one is above the law, whether judge or lawyer,” she firmly stated. According to Transparency Mauritius, this scandal underscores the urgent need to restore public trust in the judiciary, which is the foundation of democracy.

Jaymangal highlighted the necessity of understanding how these leaks occurred and implementing systems to prevent future occurrences.

She referenced studies, including an Afrobarometer report, indicating a decline in democracy in Mauritius.

Source: Defi Media