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Court name
Supreme Court
Case number
47 of 2007

Republic v Boux (47 of 2007) [2007] SCSC 118 (22 November 2007);

Media neutral citation
[2007] SCSC 118





Criminal Side No. 47 of 2007

Mr. Govinden for the Republic
Mr. Elizabeth for the Accused


Gaswaga, J

The accused (now applicant) is
currently in detention on orders of the Court for having been charged with the
offences of (1) Trafficking
in a controlled drug and (2) Having been found in
possession of utensils intended for the administration of a controlled

His counsel, Mr. Elizabeth, has now filed a notice of motion for
the following orders:

“A hearing of extreme urgency.

A writ of habeas corpus do issue directed to the Republic to have the body
of the accused, Frederico Boux, produced before the Supreme

That the costs of and occasioned by this motion be borne by the Republic
to be taxed and paid by the Republic to the accused.

And take notice that on the hearing of the motion the said accused will
use the affidavit of his attorney, Mr. Frank Elizabeth and
will demand that the
accused be enlarged on bail.”

The application was duly
supported with an affidavit sworn by Mr. Elizabeth. On the 8th
November, 2007 at 1.45pm when the applicant was produced before the Court Mr.
Elizabeth intimated that the first and second prayer
had been granted and fully
satisfied while for the third prayer he decided to drop it.

The gist of
Mr. Elizabeth’s affidavit it that he was duly informed by the applicant on
the 5th November, 2007 that the applicant, whilst in prison was
violently attacked and assaulted. That as a result of the said attack he
believe that the state can guarantee the applicant’s safety and security

In objection to these allegations the affidavit of Chief
Inspector Joachim Pillay, the person in charge of operations at Mt Posée

Prison was filed. Paragraphs 3, 4, 5, 6, 7 and 10 are worth

“3. I aver that there has never been any attack or assault on the
person of the above-named accused whilst he was being detained
at Montagne
Posée Prison.

4. I aver and verily believe that any allegations of attacks or assaults
by any personnel of the prison on the accused is unfounded,
frivolous and
fabricated and that these allegations are being levelled at the prison
authorities in order to allow the prisoner to
achieve his objectives of either
being enlarged on bail or for him to change his place of remand.

5. Accordingly, any alleged injuries on the body of the accused is either
self inflicted or has been inflicted without the knowledge
or consent of the
prison authorities.

6. I verily believe that the life, safety and security of Mr. Boux are
properly safeguarded whilst he is being detained there.

7. I aver that Mr. Boux, if he is sick, he can be properly treats whilst
he is detained at the Montagne Posée Prison. This
is the case for
several other sick prisoners that are being detained there.

10. I aver that the fact that the accused’s counsel cannot come out
with the names and other particulars in his alleged complaints
to the court
further serves to show the frivolity of his accusations.”

To this end Mr. Elizabeth asked for time to carry out some investigations
and filed evidence to substantiate the allegations in the
application before the
Court. It was agreed that Mr. Elizabeth files papers sometime on or before
19th November, 2007 to enable the Court to write and deliver a ruling
on the 23rd November, 2007 at 9am. In the meantime it was ordered
that the applicant should be removed from Mt Posée Prison and detained
the Central Police Station. He was also taken to the doctor for examination and
possible treatment. To date nothing has been
filed although the Court left the
door open for the applicant to do so and indeed I had to put up with the pains
of having to write
this ruling at the very last minute. Hence the allegations
in the motion were left unsubstantiated.

As earlier stated, there is no
doubt that the offences herein are serious and rampant. When viewed in light of
the manner in which
they are committed thus involving a number of people, prior
coordination and planning together with the effects caused on the health
human beings, it all points to their seriousness. There being no change in the
circumstances to warrant the release of the applicant
on bail I hereby remand
him in prison under Section 179 of the Criminal Procedure Code, Cap 54 for
another fourteen days. The fourth
prayer must accordingly fail.


Dated this 23rd day of November,