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Privy Council upholds quashing of ‘conflicts of interests’ conviction

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

In 2010, Pravind Jugnauth, then Deputy Prime Minister and Minister of Finance and Economic Development in Mauritius, was convicted of an offence under the Prevention of Corruption Act 2002, s 13(2) and (3). He was convicted of the offence for allegedly being involved in a decision to allocate funds to Medpoint Ltd – a company of which he was a former director, and in which he and his sister still held shares.

The Privy Council dismissed an appeal against the quashing of his conviction. The Privy Council held that Mr Judgnauth had not been involved in the decision to award to the funding to Medpoint Ltd. Rather, Mr Jugnauth’s decision had been to allocate from which of two budgets the funds would be allocated. The Privy Council determined that his sister could not have had a personal interest within s 13(2) in the decision of where the money would come from, as which budget the funds were drawn from would not have affected her interest or that of the company in any way. Therefore the Privy Council dismissed the DPP’s appeal, finding in favour of the quashing of Mr Jugnauth’s conviction.

A full summary of the case and the link to the judgment, can be seen here.

Clare Montgomery QC and Joanna Buckley were involved in this case.