You are Not Satisfied With a Judgment: What are Your Rights?

9 years, 11 months ago - July 21, 2012
There are many Mauritians who know they have the right to challenge a verdict if, one day, found guilty in criminal or civil. There is a procedure for appealing against a judgment. This must be done within a period prescribed by law, that constitutional rights are not violated.

"I am innocent," continues to proclaim a convict. The problem is that he must know his rights and procedures for challenging a judgment. According to Mr. Ashwin Kandhai, if a person is dissatisfied with a judgment, it can call. It is strongly recommended that person to consult a lawyer to check whether the call is initially correct in law. This, he argues, before filing a "notice of appeal" in order to avoid an unfair call.

Pazhany Rangasamy, confessed, explains that there is a period of 21 days to comply to challenge a judgment. This, from the date of judgment. To challenge a judgment, Mr. Ashwin Kandhai specifies that the person must first serve a "notice of appeal" against the court which pronounced the judgment. This "notice", he said, serves to highlight the fact that the person wishes to challenge a judgment. Industries must establish the grounds on which it relies to challenge the judgment. This "notice" has the effect of suspending the execution of such judgment until a formal appeal is lodged before the Court of Appeal within the time prescribed by law.

In addition, the attorney Pazhany Rangasamy adds that any person wishing to challenge a judgment must, first providing a cash deposit or sign an IOU. The amount of bail set by a magistrate or judge hearing the application on appeal. Generally, the right to appeal, whether civil or criminal, is more or less similar, says the lawyer, Mr. Ashwin Kandhai. In criminal cases, the option to appeal it belongs to a defendant or the Director of Public Prosecutions. The latter may also appeal a judgment of acquittal.

The highest authority: the Queen's Privy Council

"No one is above the law and must comply with any judgment or order issued by a court of justice," said the attorney Pazhany Rangasamy. In a civil trial, said the attorney, the person against whom the judgment was rendered may also appeal within 21 days from the date of judgment. However, if a person violates a civil judgment, it can be sued for contempt of Court (Contempt of Court). Its property can also be input by the person who succeeded.

In a criminal trial, the court may issue a warrant of arrest against him if he did not comply with a judgment. This applies where the accused was sentenced to pay a fine, or has received probation or community service work performed. His conviction may be reviewed even imprisonment. Ashwin me Kandhai advance, however, that the cost to challenge a judgment different from the case.

The highest governing body is that of the Queen's Privy Council after an appeal to Court of Appeal, the Supreme Court. Dissatisfied with the verdict of this body after that of the district court or through civil or criminal court or industrial or via the Assize Court, a person can have recourse to the Queen's Privy Council, say the two lawyers . Ashwin Kandhai shows me that this concept is commonly known as "leap-frogging." But, according to counsel, the person who wants to use the Queen's Privy Council, to demonstrate why they disagree with the judgment of the Court of Appeal in Mauritius, which is the Supreme Court.

But the procedure is not as easy, says the lawyer. First, he says, the person, according to Mr. Kandhai, must obtain authorization from the Supreme Court to appeal to the Queen's Privy Council. This applies to a civil trial and also criminal. However, if the Supreme Court rejected the request of the person to appeal to the Privy Council, it may make his request directly to the Queen's Privy Council. If this body accepts his request, the person may then appeal to the highest court, the lawyer argues. But if the Queen's Privy Council refused the request of that person, then the final decision to the Court of Appeal in Mauritius.

To challenge a judgment in the Queen's Privy Council, the cost varies, says Ashwin Kandhi me. It can be about 3,000 pounds (incl. agents and attorneys' fees) for just a "special leave". To hear the case on its merits at the Queen's Privy Council, the cost is about 10,000 pounds per day and 5,000 pounds for extra days, including agents and attorneys fees.

There is also the application for a presidential pardon to challenge a judgment after having used all the Courts of Justice, Mr. Ashwin Kandhai highlights.

What is the role of an attorney and a lawyer?

The attorney Pazhany Rangasamy said that the procedure for challenging a judgment is initiated by a solicitor instructed by a solicitor. The attorney's responsibility to lodge a request for appeal by way of a "notice of appeal" in advancing the reasons for challenging the judgment. The attorney, however, within 21 days to submit his application before the court which rendered the judgment. Once the "notice of appeal" was filed and the bond as required by the Court is provided, the attorney may then continue the proceedings before the Court of Appeal to the Supreme Court within fifteen days of the judgment . The lawyer who will argue the case before the Court of Appeal based on the reasons of appeal he advanced in the "notice of appeal".

Must know that a convicted?

When someone is sentenced to prison, he should seek the services of an attorney's responsibility to initiate procedures for it to appear in court. The attorney must, first, to apply for an "order" (Court Order) that allows his client was sentenced, to appear before the Court which rendered the judgment so that he can with his consent to commence proceedings challenge the judgment. In cases where the convicted person wishes to enter the Queen's Privy Council, the documents are prepared by the attorney and signed by the prisoner in the presence of a senior where he is incarcerated.

Statistics show that appeals in civil cases are more extensive than criminal in the past four years. Calls made for criminal trials in 2008 were up 225 in number to those of 2011 which is 200. The appeal hearing whose judgments were delivered in 2011 are 381 in total.

 

First Statistics

Calls made 2008 2009 2010 2011

Criminal

Appeals of District Courts 209 213 168 185

Appeals from the Court of Appeal 16 August 10 15

Total 225 221 178 200

 

Civil

Appeals of District Courts 142 80 66 60

Appeals from decisions of the judges

injunctive relief, courts and other authorities 103 67 66 86

Appeals to the Court of Appeal Civil 46 55 46 52

Total 291 202 178 198

 

Second Statistics

The appeal hearing pending 2008 2009 2010 2011

Appeal hearing (Criminal) 380 459 435 423

Appeal hearing (civil) 628 562 544 520

Total 1008 1021 979 943

 

Third Statistics

(The appeal proceedings in which judgment was pronounced) 2008 2009 2010 2011

Appeal hearing (Criminal) 120 145 202 180

Appeal hearing (civil) 169 188 196 201

Total 289 333 398 381

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