Simla Kistnen Seeks Rs 50 Million in Damages from Former Minister Yogida Sawmynaden

Simla Kistnen is pursuing Rs 50 million in damages from former Minister of Commerce Yogida Sawmynaden over false declarations in the Constituency Clerk case. Her lawyer, Sanjeev Teeluckdharry, announced that the case will be revisited in the Supreme Court on June 6, 2024.

On May 30, 2024, the Intermediate Court acquitted Sawmynaden of charges related to forgery and the use of forged documents. The allegations were based on an alleged false statement in response to Kistnen's complaint about being deprived of financial assistance from the Mauritius Revenue Authority (MRA) during the Covid-19 pandemic.

Why this matters: This case has broader implications for the legal system and accountability of public officials. The outcome could set a precedent for similar cases and impact the way false declarations are handled in the future.

Magistrate Anusha D. Rawoah concluded that Kistnen's testimony was inconsistent, leading to Sawmynaden's acquittal on the first charge and the benefit of the doubt on the second charge. This decision underscored the necessity of presenting credible and coherent evidence in criminal cases.

Despite the acquittal, Kistnen, supported by her lawyer Teeluckdharry, is determined to seek damages. Teeluckdharry pointed out several flaws in the state's case, including the failure to call key witnesses like Pravind Jugnauth, who testified that Kistnen never worked as a constituency clerk.

Teeluckdharry also criticized the prosecution for not considering out-of-court statements and for legal errors, such as taking defense statements into account without the accused testifying. He suggested that the Director of Public Prosecutions (DPP) should appeal the case and pursue prosecutions for financial fraud.

During the trial, Kistnen faced significant pressure, including attempts by the Central Criminal Investigation Department (CCID) to arrest her and file provisional charges. She was summoned to the CCID, which her lawyer argues was an attempt to intimidate her.

Teeluckdharry, representing group known 'Avengers,' denied abandoning Kistnen, emphasizing their continued commitment to seeking justice. He highlighted the need for legal reforms to allow victims more latitude in lodging private prosecutions.

The case heads to the Supreme Court, with the focus being on whether the higher court will find merit in Kistnen's claims and the alleged flaws in the initial trial. The outcome could have significant implications for the legal handling of similar cases in the future.

The pursuit of damages by Simla Kistnen against Yogida Sawmynaden highlights the ongoing legal battles and the quest for accountability in the wake of the Covid-19 pandemic. The upcoming Supreme Court session will be closely watched for its potential to set new precedents.

Key Takeaways

• Simla Kistnen seeks Rs 50 million in damages from Yogida Sawmynaden over false declarations.
• The case will be revisited in the Supreme Court on June 6, 2024.
• Sawmynaden was acquitted of forgery and use of forged documents on May 30, 2024.
• Kistnen's lawyer, Sanjeev Teeluckdharry, cites flaws in the state's case and seeks damages.
• The outcome could set a precedent for handling false declarations and accountability of public officials.