Opinion
Lawyers Under Scrutiny Due to Audio Leaks: Bar Council Inaction Criticized
During the November 6, 2024, broadcast of “Au Cœur de la Campagne” hosted by journalist Jane Lutchmaya, discussions revolved around audio recordings associated with the “Missie Moustass” case that involve various lawyers. The program aired on Radio Plus and TéléPlus and featured a panel of guests who addressed judicial priorities in light of the leaks.
Senior Counsel Antoine Domingue expressed caution regarding the authenticity of the audio tapes, stating he preferred to wait for verification before making allegations to avoid defamation claims.
However, he indicated that he is not surprised by the content of the recordings.
Domingue lamented the lack of any action taken against lawyers close to the authorities who are implicated in the tapes, drawing a stark contrast to the situation in the United Kingdom.
“Our British colleagues say that had this occurred in the UK, there would have been sanctions.
Here, those accused have not even been called in for questioning. […] When a junior lawyer misbehaves, they face severe punishment, but those involved in this case have faced none. It’s a clear case of double standards,” he pointed out.
Domingue also expressed disappointment that Maneesh Gobin, the Attorney General, has not resigned despite his name surfacing in various controversies, a situation he believes undermines public confidence.
He advocated for the digitization of the judicial system to address these issues.
Fellow lawyer Sunil Bheeroo raised concerns regarding the authenticity of the tapes.
“In England, an independent body would have launched an investigation by now.
Here, we haven’t heard of anything similar. […] Most of the population still trust the judiciary.
If the recordings are genuine, the discussions are less about court cases and more about politics. We need to find a balance,” he argued.
Bheeroo called for clearer boundaries between the professional and political roles of lawyers and suggested that the Bar Council should initiate an investigation into the lawyers mentioned in the tapes.
Former magistrate Noren Seeburn emphasized the importance of ethics among judicial members, highlighting that some lawyers have allegedly manipulated processes to impede investigations and obstruct justice.
“This is extremely serious,” he stated.
Seeburn noted that the Bar Council has the authority to request the police to launch an inquiry based on the tapes, affirming, “Action must be taken. It’s in the public interest and in favor of justice, and there are means to do so.”
He also recommended that the Attorney General should not be affiliated with any political party and called for increased funding for the judiciary.
“Politicians prefer to invest in football fields rather than in courts, as the former brings votes, while the judiciary does not,” he remarked.
Robin Ramburn, president of the Bar Council, reiterated the organization’s condemnation of illegal wiretapping.
He clarified that the Bar Council lacks the means to authenticate the recordings.
“However, we are certainly shocked if these conversations turn out to be genuine.
We emphasize that all lawyers have the legal and moral obligation to adhere to the code of ethics.
We will ask for explanations. Ultimately, it is the Supreme Court’s prerogative to determine if someone has committed an infraction and whether to suspend a lawyer,” he explained.
Ramburn expressed the need for three reforms: an independent appellate court separate from the Supreme Court, a timeframe for delivering judgments, and the abolition of provisional charges.
Senior Counsel Hervé Duval stressed the necessity for the judiciary to expedite processes, advocating for “political means” and a sufficient quality and quantity of personnel.
“It’s unacceptable in 2024 that a court lacks air conditioning or operates out of a small office.
We cannot expect judges to perform in such conditions.
There needs to be a minimum standard for becoming a magistrate, and time is required to establish that,” he asserted.
Regarding the audio recordings case, Duval expressed “disgust” but was not surprised by the conduct of some lawyers, noting a lack of action from the Bar Council has led to diminished trust in the legal system, though not in the judiciary itself.
He warned that the appellate court proposed by the Alliance Lepep should not replace the Privy Council.
Source: Defi Media