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Mauritius politician successfully appeals conflict of interest conviction

Jugnauth v Independent Commission against Corruption & Ors 2016 SCJ 187

Related Member(s):
Clare Montgomery QC
Related Practice Area(s):
Crime and Regulatory Law

Mr Jugnauth successfully appealed his conviction for conflict of interest offences under the Prevention of Corruption Act, s 13(2) and (3), allegedly committed while he was Vice Prime Minister and Minister of Finance and Economic Development. Held: There was no relevant conflict of interest since there was no evidence of any personal interest held by the related shareholder in the arrangements between the corporate entity and the Government. The requisite mens rea had been misconstrued, meaning a proper assessment as to criminal intent had not occurred. Some evidence was highly questionable, and magistrates should have considered whether Mr Jugnauth could have been acting bona fide in the fund reallocation. Clare Montgomery QC was involved in this case.

Clare Montgomery QC was involved in this case.