Foreword

Dear readers,

In This Issue Faithful to our established practice, I have the pleasure to welcome you to this new edition of Police e-news which

brings you a variety of articles covering events which  News; unfolded during the past three months.

 Our People; I seize this opportunity to express my thanks to all our esteemed contributors as well as the Editorial Committee for  Education; and, their precious contributions to enable this issue. I would reiterate my request to our dear colleagues to share their  Training. experiences with us for the next edition.

This edition of e-news will lead you through various activities such as Police Officers in civic roles, the challenging salvage operations - re MV Benita, Sport events, etc.

Our esteemed readers will appreciate that since a few months, Police news are being released in real time through our Facebook account (http://fb.com/mauritiuspolice). The MPF is optimizing the maximum use of ICT facilities available Articles/ Suggestions may be sent to: to keep its customers abreast of the important happenings in the Police. The Secretary, Police e-news Committee I thank our privilege readers for their interest in our e- Police Research & Development Unit, Police Headquarters, news and invite them and their love ones to sent us their Line Barracks, . articles and feedback at [email protected].

Tel: 208 1212 Ext 1408 I wish you a pleasant read. email at [email protected] or [email protected].

Articles should be concise and of not more than 300 words. Digital photos of good quality supporting articles are welcome.

N.B: The Editorial Committee wishes to inform contributors that for obvious reason, articles may be abridged, amended or corrected and every effort will be made to preserve the originality of articles.

On the Cover Disclaimer Editorial Committee

All views and opinions expressed or Chairperson : Mr K. Jhugroo, DCP statements made in this e-news are Secretary : WPI Vethan The cover illustrates entirely those of the authors and Editor/Coordinator : ASP Dawonauth the deployment pf should not be considered as an Police Helicopter endorsement of editorial, official or Members : ASP Kokil ‘Dhruv’ during salvage Force policy. They therefore, do not C/Insp Moosoohur operation of MV commit the Police Force, Insp Goorbin Benita. any officer or any other person or Insp Beesony authority and render them liable in WPI Ramkissoon any manner whatsoever. PS 3819 Purhooa PC 5810 Montroche PC 4992 Mungur PC 6937 Ackbarally PC 1681 Ramjee Vol. 5 No. 2 2016

Salvage Operations - MV Benita emphasis on the unflinching

partnership of the On 17th June two organisations 2016, the Mauritius with ultimate aim Police Force was of promoting anew put to test professional when MV Benita, a standards and Cargo Vessel of quality service delivery in the Mauritius Police 45,000 tons was Force. aground at Le

Bouchon following a Editorial Committee mutiny onboard.

There was a high risk of oil Spillage from the ship which presented a Visit by Mhadei Crew potential danger to our ocean economy and environment. The responded promptly with professionalism to

the expectation of a whole nation. The Police NEWS and in particular, our maritime assets, comprising the Police Helicopters, NCG Vessels, NCG Commandos and Police Divers together with SMF specialised units were deployed in a challenging salvage operation to The Indian Naval Sailing Vessel (INSV) rescue life and property as well as preventing Mhadei set sail from Goa on May 24 with a six- any oil spill from the said vessel. During the women crew onboard and reached Port Louis, operation, lasted for 44 days, a total of 156 Mauritius on June 14 on a thrilling historic flying hours were undertaken in 1062 shuttles. voyage skipped by Lt Cdr Vartika Joshi, a The salvage exercise was another milestone in Naval Instructor. the history of the Police which unfolded It was the successfully. Well done to all of you. first open- ocean voyage Editorial Committee of the navy’s all-women Award Ceremony Cohort 3 at UoM 11.06.2016 crew of INSV Madhei. This

was a training The Award Ceremony for exposure for the young crew with the weather Cohort 3 comprising 275 which they will confront during the Police Officers who forthcoming Circumnavigation of the Globe successfully followed the scheduled for 2017. Madhei was received by course leading to the the Mauritian Coast Guard Vessel Retriever certificate in Police Duties outside Port Louis Harbour and was escorted at the University of to her berth. During their port call, the crew Mauritius was held on 11th paid a courtesy call on the Commissioner of June 2016 at the Paul Police on 15.06.2016, where they shared their Octave Wiehe Auditorium, experience with their Mauritian counterparts. Reduit. The Commissioner of Police and the

Chancellor of the University of Mauritius laid Editorial Committee

© The Mauritius Police Force 3 Vol. 5 No. 2 2016

The laborious winner of the Civil Service Football Kite Surfing Near Airport - A Jeopardy to Tournament (CSFT) 2016 Aviation Safety Several complaints from the national aviation company were received about their

concern attributed to Kite Surfing Operations which could compromise aviation safety in the vicinity of the line of approach of aircraft whilst landing at the Sir Gaetan Duval Airport, The CSFT 2016 was marked by a breath- . taking final, won by the SSU football team over As an immediate response, the Officer in the VIPSU team following a thrilling penalty Charge of Rodrigues NCG convened a meeting shoot-out as the full time score was 2-2. Both with kite surfers/operators to sensitize them teams fought hard till the last seconds, with and make them conscious that their activities the VIPSU team leading 2-1, but the SSU Team were interfering with aviation safety. secure a late dramatic equaliser to maintain Rodrigues NCG has launched a campaign to the suspense of the match. The reward of the sensitize kite surfers/operators whenever they SSU Team came out during the penalty shoot- are met with during sea patrols. However, this out when the goalkeeper made two decisive initiative only did not address the problem as saves. Congratulations to the well-deserved complaints were still being received from the victory of the SSU Football Team. aviation company. The operators unanimously agreed and pledged to shift to other sites for kite surf

OURPEOPLE CI Gopoooloopadya OC SSU SRG activities. No such complaint is now being received. Nonetheless, Further, regular follow- up sea patrols are being maintained in the Airport Police at ‘Couvent de Bon Secours’ region despite no surfing activities are being observed in the aircraft landing zone. ‘Service to mankind is service to God’. As such, the most valuable service that a human Insp J.P.Genave being can give to another is to enable one to NCG Rodrigues live an independent life with dignity, comfort and compassion. Social Activity by Sergeants on Cadre In this perspective, on 10.06.16, Airport Police personnel hosted a tea party for the inmates, mostly elderly persons of ‘Couvent de Bon Secours’, Rose Belle. The event was prepared with enthusiasm and love as it was a mean to express our care, respect, gratitude and thank to our elders who have contributed in one way or the other for the development of our country. On this occasion, food items and groceries were also donated to the home. On 08 June 2016, sixty-nine Temporary Sister Linda heartily thanked the Police for this Sergeants following the Sergeants laudable initiative. Development Course at the Police Training

School, Beau Bassin were seen in their civic

roles. They organised social activities

comprising cleaning of the place and

4 © The Mauritius Police Force Vol. 5 No. 2 2016

entertainment ended. In fact, program in 345 Police favour of the Constables and 35 inmates of Mère Women Police Teresa Convent, Constables were Roche Bois and successful in the Dr Chiranjiv Competitive Bhardwaj Examination held Ashram, Belle Mare. A lunch was served by the by the Disciplined Temporary Sergeants on that occasion. Forces Service In line with CP’s Vision, this activity forms Commission on part of the Training Programme for the newly Saturday 7th promoted sergeants and therefore will be an November 2015. ongoing action for the other batches of the They received their letter of offer for Sergeants Development Course. promotion from the Commissioner of Police on 23.04.2016. Editorial Committee Editorial Committee Proclamation of Results of the Competitive Examination for Promotion to the Rank of Police Sergeants/ Woman Police Sergeants Our warm and hearty congratulations to you all on your success and allow us to share your joy.

On 19.04.2016, the We also take pride in your achievements and OURPEOPLE wait for all those who wish you plenty of success in your new took part in the assignment. Competitive From all members of the Force Examination for Promotion to the Rank of Police Sergeant

Obituary

Sno. Name Date Sno. Name Date TPC 3233 KHODABACCUS 1 PC 4547 UJOODHA Nirmal 16.04.2016 6 06.06.2016 Mouhayydden Abdool Qaadir PC 6625 GUNESH Somduth 2 22.04.2016 Sharma 7 CPL 1845 PERMAL Seewalingum 08.06.2016 TWPC 954 RAMTOHUL 3 16.05.2016 8 PC 3046 MUNGUR Chetlallsingh 08.06.2016 Dhanmatee 4 CPL 2693 NOBEEN Bhagwanduth 26.05.2016 9 WPC 798 MEWA Ourmila 08.06.2016

5 PC 1308 GANGADOO Vassen 02.06.2016

May their soul rest in Peace…….

© The Mauritius Police Force 5 Vol. 5 No. 2 2016

Beesoo v The State (2016 SCJ 234)

the influence of alcohol emanated from the accused. (drinks), I think a custodial In criminal matters, the sentence is required in the burden of proving facts and

present case in order for circumstances of the offence accused to understand the always rests on the gravity of the present case. prosecution and this burden does not shift on the accused Sentence even if he has pleaded guilty. Of course, the prosecution Accused is sentenced to pay a can rely solely on an fine of Rs 20,000 and to admissible confession the undergo 3 months accused may have made to After a Plea of Guilty and imprisonment under count I. the Police. But the before passing a custodial Under count II accused is prosecution should not fail to sentence, the Trial Court sentenced to pay a fine of Rs adduce any evidence in should hear the case, and 5,000 + Rs 100 costs. connection with the offence the burden of proving its because of the absence of facts and circumstances Further accused’s licence is any statement of the rests on the Prosecution cancelled and he is accused. disqualified from obtaining/ The appellant was convicted holding a licence for all types Secondly, after the

EDUCATION before the District Court of of vehicles for a period of 8 prosecution closed its case, Rivière du Rempart for two months. the accused was explained his offences and the record of constitutional rights. In the the proceedings read as Accused should bring his absence of any detail of what follows: licence to this court within a the accused was then told, it period of 8 days for the cannot be said that the “13/11/13 necessary endorsement to be record clearly shows that his Accused present effected. rights, which he had been Inspector Nursing SAH and Sd. District Magistrate” told he enjoyed, included his sustains charge right to adduce evidence or Proceedings in creole The main ground of appeal is say anything in mitigation of Decline to give statement the failure on the part of the sentence, if he so wished. Case closed for prosecution trial Court to hear the Accused is explained of his appellant before passing Thirdly, the learned constitutional rights and he sentence, which is contrary Magistrate indicated under elects to remain silent. to the provisions of section the heading “Judgment” 72 of the District and itself that she was Case closed for defence. Intermediate Courts contemplating a custodial (Criminal Jurisdiction) Act. sentence “in order for the Judgment: accused to understand the First, the Court record gravity of the case”. Despite Found accused guilty as suggests that the prosecution this indication, before passing charged to both counts was invited to adduce actual sentence, the record Previous filed (Doc X) evidence but did not do so in does not show if the accused (1 cognate admitted by the absence of a statement was explained that he could accused) from the accused. It was held adduce evidence in mitigation that it wrongly suggests that for what was going to be a In view of the guilty plea of the proof of the surrounding custodial sentence. accused and the fact that he facts and circumstances of has a case for driving under the offence ought to have

6 © The Mauritius Police Force Vol. 5 No. 2 2016

In the light of the provisions of section 72 of plea of guilty to an information does not the District and Intermediate Courts provide any indication to the Magistrate as to (Criminal Jurisdiction, it is a well-established the right measure of penalty which should be principle of criminal justice that in order to inflicted, and moreover does not allow an enable the Court to decide on the appropriate appellate court – where an appeal to come sentence, irrespective of whether the accused before it – to review the principle and the

has pleaded guilty or not guilty, there should adequacy or otherwise of the penalty be a proper hearing with a view to apprise the inflicted, the Magistrate should, and in Court of the relevant facts and circumstances particular when the Magistrate contemplates surrounding the offence and to give the a term of imprisonment, hear such evidence as accused an opportunity to express himself in may be necessary before passing sentence ...” mitigation. The Court further quoted the following The Court quoted the cases of (1) Lachman v observations from Bhuttoo v. The Queen, The State [2012 SCJ 202], where emphasis on [1964 MR 48]: “We desire however to impress the well-established principle that “…before upon magistrates the importance not only of passing a custodial sentence, a trial Court ensuring that an accused party should be should always ensure that there is sufficient made aware without any ambiguity that he evidence placed before it to make a judicious has a right to give evidence on his own behalf exercise of its discretion” and (2) Tarachand v or make an unsworn statement from the dock The Queen [1971 MR 281] where it was noted and to call witnesses, but that the record that “… there are no doubt cases where all the should also show that he has been made aware facts and circumstances sufficiently appear of such rights.” from the averment in the information to which an accused has pleaded guilty and In the light of the above, the sentence was where, consequently, there may be no quashed and the case remitted back to the EDUCATION necessity to hear any evidence to enable the learned Magistrate for sentencing anew after a Magistrate to assess the sentence, unless the proper and fair hearing in accordance with the accused wishes to bring to the notice of the relevant law and established principles. Magistrate any other fact which may influence upon the sentence. Where, however, a bare C/Insp Moosoohur CCID

© The Mauritius Police Force 7 Vol. 5 No. 2 2016

Workshop on Tobacco Control and Prevention The aim of the workshop was to sensitize the Civil Society on salient legal issues affecting the society such as rights and interests of children, child abuse, domestic The World Health Organisation (WHO) has violence, runaway children, teen pregnancies estimated that every year more than 600,000 and drug and substance abuse. non-smokers die as a result of exposure to Some 150 leading members of the Civil second-hand tobacco smoke. With a view to Society of Port Louis North regions attended protecting the health of non-smokers, the workshop. Same was animated by Mauritius adopted the Public Health distinguished personalities namely Learned (Restriction on Tobacco Products) Regulation Senior Magistrate Mrs. Shefali Naika Ganoo, in 2008. The Mauritius Police Force, in turn, Mrs. Rita Venkatasawmy, Ombudsperson for with its strategic objective of ‘Improving children, Mr. Rattan Jhoree, Child Welfare TRAINING Quality Life’, has organized five training Officer and Police Inspector Rujub of ADSU. workshops in collaboration with the NGO ‘Vie Mr. K. M. Nobin, Commissioner of Police, et Santé (VISA)’ at the Police Training School PMSM, gave the kick off through an awesome Beau Bassin in May and June 2016. A total of speech over the importance of a law abiding 197 Police Officers of different Units of the culture based on self organisation were sensitized on: Global discipline and epidemic of tobacco; Promoting a smoke-free individual efforts for environment; and Enforcement of the different betterment of society. legislations in relation to tobacco products. The other animators, in turn, harped on the prevalence of social Half Day Workshop on “Voluntary observance of scourges such as child the Law and Legal implication of any Proscribed abuse, domestic Behavior” violence and illicit drug abuse and sensitized civil society over concerted action hand in

hand with the police and other authorities for On Saturday an effective remedy. The workshop ended 25.06.16, the with a resounding success. Metropolitan In recognition for their selfless service, Mr. Division M. Madhow, the Divisional Commander, (North) remitted a token to the distinguished organized a personalities. Half Day

workshop on PS Devasagapillay “Voluntary observance of the law and legal Metro Division (North) implication of any Proscribed Behavior” at Ramalingar Illam Hall, Kaylassaon, Nicolay Road, Ste Croix.

8 © The Mauritius Police Force Vol. 5 No. 2 2016

The Tonfa (4th Part)

The aggressor (left) is performing a knife attack from upwards aiming the Police Officer’s body (right). The Police Officer has drawn out his tonfa baton and has applied a high block to defend himself.

The Police Officer (right) has hold the hand of

the aggressor (left) and at the same time is TRAINING applying a distraction technique by using his tonfa baton on the back of the wrist to gain control and at the same time to make the aggressor drop his weapon.

The Police Officer (right) has applied a wrist control with his left hand and at the same time is applying pressure on the chest of aggressor to bring him down to effect arrest.

The Police Officer (right) has brought the aggressor down by applying pressure on the aggressor’s body to control him and performing on arrest technique by using tonfa baton on the shoulder of the aggressor.

© The Mauritius Police Force 9