Rédaction Africa Links 24 with Sarah Jane Lebrasse
Published on 2024-03-18 10:00:53
The lawyers of Simla Kistnen regret not having had the opportunity to cross-examine the former minister, accused of document falsification and who, according to them, “showed little confidence for someone who claims innocence in this case.”
Following a series of defense witnesses, mostly from state institutions, supporting the former minister Yogida Sawmynaden, his defense team made a strategic decision not to have him testify in court. Confirmed by Me Raouf Gulbul, the accused’s lawyer, during a press conference after the witness testimonies, this decision highlights the constitutional right of the defendant to remain silent. However, this decision leaves a sense of incompleteness in the trial where the accused evades the cross-examination of his accusers. It is worth noting that the alleged victim, Simla Kistnen, bravely faced the situation and admitted an error in her original testimony when she referred to her late husband as being alive, when in fact he had already been murdered. This was an advantage for the defense, who used this as evidence of false testimony.
During a press statement after the session, Me Gulbul explained that “It is an absolute right under the Constitution for a defendant to remain silent and not testify in court.” While a legal right, this defensive approach mainly shields the accused from answering key questions in this highly publicized case where the defense strategy is centered around not subjecting Yogida Sawmynaden to cross-examination by the prosecution. The absence of direct testimony from Sawmynaden in court creates a gap in the case narrative, but aligns with the defense strategy to minimize risks for their client.
With the witness testimonies concluded, the next phase of the trial will focus on the arguments of the lawyers from both sides. Yogida Sawmynaden maintains his plea of not guilty to two formal charges related to document falsification. The attention now shifts to the closing arguments as the case approaches its final stages.
The trial of the former Minister of Commerce was marked by crucial testimonies presented in the Intermediate Court, shedding light on the allegations of fake employment involving Simla Kistnen as a Constituency clerk at Quartier-Militaire/Moka (No 8). The testimony of former Clerk of the National Assembly, Bibi Safeena Lotun, and Finance Section cadre of the National Assembly, Prakash Chandra Bissessur, played a significant role in the proceedings.
Neelavadi Ramasamy, Assistant Manager (Financial Operations) at the Ministry of Commerce, presented the Constituency clerk declaration form dated January 28, 2020, where Yogida Sawmynaden appointed Simla Kistnen as his Constituency clerk. This document, along with a copy of Simla Kistnen’s ID, was submitted to the National Assembly clerk, as confirmed by Bibi Safeena Lotun.
Prakash Chandra Bissessur corroborated these facts by confirming the transmission of a Departmental warrant to the Ministry of Commerce in January 2020 for the payment of the Constituency clerk’s allowance. However, he was not informed of the hiring of a new Constituency clerk by Sawmynaden after August 2020, indicating that potential monthly payments to Simla Kistnen were stopped after that date. Despite Sawmynaden’s claim of giving the money to her late husband, who cannot confirm or deny the statement, the widow of Soopramanen Kistnen stated she never received any payment from the minister, suggesting she was not the Constituency clerk.
The next session is scheduled for Thursday, March 28, as Yogida Sawmynaden continues to plead not guilty to the charges of document falsification and use of falsified documents. The crucial closing arguments will play a vital role in determining the outcome of the case.
Read the original article(French) on Le Mauricien
