Former Mauritian Minister Yogida Sawmynaden Acquitted in 'Constituency Clerk' Case

On May 30, 2024, the Intermediate Court in Port Louis, Mauritius, acquitted Yogida Sawmynaden, the former Minister of Commerce, in the 'Constituency Clerk' case. The court delivered a verdict of 'not guilty,' clearing Sawmynaden of all charges.

Why this matters: This acquittal has significant implications for Mauritian politics, particularly for the MSM party and its leadership. The verdict may influence public perception and potentially impact the party's standing in future elections.

Sawmynaden, a 47-year-old Member of Parliament from the Mouvement Socialiste Militant (MSM) party, faced two charges: 'forgery of private writing' and 'making use of forged private writing' under articles 111 and 112 of the Penal Code. The alleged offenses were said to have occurred on January 28, 2020, at his office in Ébène.

The prosecution accused Sawmynaden of creating a false declaration following a complaint by Sakuntala Simla Kistnen, who claimed she had been denied financial aid from the Mauritius Revenue Authority (MRA) during the COVID-19 pandemic. The case had significant political implications, especially given the current electoral context.

Sawmynaden's lawyer, Raouf Gulbul, argued that there was no fraudulent intent and that the element of forgery had not been established. He highlighted inconsistencies in Simla Kistnen's testimony and supported his client's version of events. Gulbul requested that the charges be dropped.

In contrast, Senior Assistant Director of Public Prosecutions, Me Darshana Gayan, maintained that the charges against Sawmynaden had been proven. She argued that Kistnen was a credible witness and that there was a 'strong prima facie case' against Sawmynaden.

Magistrate Anusha Rawoah, however, found that Kistnen's testimony was 'entachée de doutes' (riddled with doubts) and 'cannot be believed.' The magistrate highlighted several points that undermined Kistnen's credibility, including her presence at meetings organized by Sawmynaden and her visits to the Citizens' Advice Bureau.

The magistrate also noted that Kistnen's affidavit submitted to the Supreme Court contained lies, further affecting her credibility. Thus, the court concluded that the prosecution had not established a prima facie case against Sawmynaden.

Following the verdict, Sawmynaden expressed his appreciation to his supporters, stating, 'La verité finne triompher! Mo remercier mo ban mandants dan numéro 8, le Premier ministre ek so épouse ki finne toujours à mo coter ek mo deux avocats, Me Raouf Gulbul et Mamade Boccus' ('The truth has finally triumphed! I thank my constituents in No. 8, the Prime Minister and his wife, who have always been by my side, and my two lawyers, Me Raouf Gulbul and Mamade Boccus').

This acquittal is a significant development for the MSM party, led by Prime Minister Pravind Jugnauth. A conviction would have reinforced the public perception of maladministration surrounding the MSM, which the opposition has been denouncing for years.

The 'Constituency Clerk' case is also linked to the investigation into the death of Soopramanien Kistnen, Simla Kistnen's husband and an MSM agent in Quartier Militaire Moka. The investigation revealed possible criminal offenses involving certain individuals, which could have motivated Kistnen's murder.

The acquittal of Yogida Sawmynaden marks a critical moment in Mauritian politics, as it clears him of serious charges and potentially strengthens his position within the MSM party.

Key Takeaways

• Yogida Sawmynaden, former Mauritian Minister of Commerce, acquitted of forgery charges.
• Acquittal has significant implications for Mauritian politics and MSM party's standing.
• Sawmynaden faced charges related to a false declaration for financial aid during the COVID-19 pandemic.
• Magistrate found prosecution's key witness, Sakuntala Simla Kistnen, to be unreliable.
• Acquittal strengthens Sawmynaden's position within the MSM party and clears him of serious charges.