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Imraan Hosany trouvé coupable d’outrage à la moralité publique et religieuse

Imraan Hosany trouvé coupable d’outrage à la moralité publique et religieuse

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Published by Defimediagroup Ldmg
Le verdict est tombé ce mercredi 29 mai en Cour intermédiaire. Le rédacteur en chef de l’hebdomadaire Sunday Times, Imraan Hosany, a été trouvé coupable d’outrage à la moralité publique et religieuse suite à la publication des photos du cadavre de Michaela Harte. Cette touriste nord-irlandaise a été tuée à Maurice alors qu’elle était en voyage de noces. Elle a été retrouvée morte dans la chambre 1025 qu’elle occupait à l’hôtel Legends, le 10 janvier 2011. - See more at: http://www.defimedia.info/live-news/item/32750-affaire-harte-imraan-hosany-trouve-coupable-d-outrage-a-la-moralite-publique-et-religieuse.html#sthash.aWzvez0Z.dpuf
Le verdict est tombé ce mercredi 29 mai en Cour intermédiaire. Le rédacteur en chef de l’hebdomadaire Sunday Times, Imraan Hosany, a été trouvé coupable d’outrage à la moralité publique et religieuse suite à la publication des photos du cadavre de Michaela Harte. Cette touriste nord-irlandaise a été tuée à Maurice alors qu’elle était en voyage de noces. Elle a été retrouvée morte dans la chambre 1025 qu’elle occupait à l’hôtel Legends, le 10 janvier 2011. - See more at: http://www.defimedia.info/live-news/item/32750-affaire-harte-imraan-hosany-trouve-coupable-d-outrage-a-la-moralite-publique-et-religieuse.html#sthash.aWzvez0Z.dpuf

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Published by: Defimediagroup Ldmg on May 29, 2013
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Police v I. Hosany2013 INT 112
IN THE INTERMEDIATE COURT OF MAURITIUSCause No.1600/12
In the matter of:-
PolicevImraan HosanyJUDGMENT
The accused is charged with the offence of ‘Outrage against public and religious morality’ in breach of sections 206(1)(a)(ii), (3) and 208 of the Criminal Code. It is averred that on the 15
th
of July 2012 the accused wilfully and unlawfully, by newspaper put up for sale in public places,committed an outrage against good morals, to wit: he caused to be published, in the edition of the15
th
of July 2012 of the Sunday Times Newspaper, which was put up for sale in public places, photographs of a deceased person, one Michaela Mary Harte, an Irish National also known asMichaela Mary McAreavy, and such publication was of a nature to cause outrage against goodmorals.The accused pleaded not guilty to the charge and was assisted by Mr A. Bissessur, counsel.Mr M. Manrakhan, Principal State Counsel, appeared for the prosecution assisted by Inspector Sowaruth.The evidence for the prosecution is as follows:Mrs F. B. Chamroo of the Accountant General Office (W.1) produced a letter certifying that thenecessary notice in respect of the publication of Sunday Times has already been filed at theTreasury Department since September 2011 (Doc. A). The letter is in accordance with the Newspaper Act.DI Domun (W.5) searched the premises of the Sunday Times at 12, cnr Pagoda and AngloisStreets, in virtue of a Search Warrant, and secured six copies of the newspaper dated the 15
th
of July 2012 containing the photographs of late M. M. Harte in a bikini (Exhibits I to VI).Insp. Fullee (W.14) and CPL Diljore secured copies of the Sunday Times from two shops – Chueng Hung Yuen Ltd, Triolet and Tabagie Philippe, Ste Croix, Port Louis – on the 16
th
of July2012 (Exhibits VI to XIV). The shops were open to the public and the newspapers displayed for sale on the counter.
 
DPC Marie (W.3) produced two statements recorded from the accused on the 16
th
and 18
th
of July2012 at 2.14pm and 8.20am respectively, at the Central CID (Docs. B and B1). The statementswere recorded after the accused had been duly cautioned and explained his Constitutional rights(Doc. B2).DPS Nubheebaccus (W.4) produced one statement recorded from the accused on the 16
th
of July2012 at 2.25pm, after the latter had been duly cautioned and explained his Constitutional rights.In cross-examination he said that he showed a copy of ‘Le Mauricien’ dated the 16
th
of July 2012containing an article titled “Photos of Michaela Harte dead body Where some media have noshame” to the accused (Doc. C). The other articles he mentioned were on the internet.DPS Dawood (W.7) searched the accused’s residence and office on the 18
th
of July 2012 at7.15am in virtue of a Search Warrant: the accused voluntarily produced four CPUs and one pen-drive for examination. The CPUs have already been returned to the accused after examination.The pen-drive was retained (Exhibit XV). After the search he recorded a statement from theaccused on the 25
th
of July 2012 at 3.25pm concerning the search and the items secured (Doc.B3). A number of copies of the Sunday Times dated the 15
th
of July 2012 were secured fromvarious shops across the island (Exhibits XVI to XX): the shops were public places and thenewspapers were on sale there.On the 18
th
of July 2012 at 8.25am, in the presence of W.7 and W.3 and with the accused’sconsent, PC Pudnam (W.8) examined the four system units and pen-drive: he drew a detailedreport of his examination, which report also contains all the documents retrieved from thesystems and pen-drive (Doc. D).PC Jeewooth (W.11) was detailed to take photographs in a murder case at Legends Hotel (nowLux Grand Gaube) on the 10
th
of January 2011. Acting under the instructions of Insp. Nuckchady, from 6.00pm to 8.00pm he took 24 photographs in room 1025, of the deceased, theroom, the clothes found therein and the state of the room. He put the photographs in a bookletwhich he produced when he deposed in the murder case before the Assizes (Docs. E, E1 to E24).The photographs on pages 1, 6 and 7 of the newspaper are identical to Docs. E10, E1, E2, E5,E6, E8, E12, E11, E20 and E16. The body of M. M. Harte was in same position as in the photographs published in the newspaper. He did not give the photographs to anyone apart fromauthorised persons and cannot say how they came to be in the possession of the accused and published in the Sunday Times. The procedure is that at the end of a reel, he makes an entry andwithin a week takes the reel to the laboratory to process the negatives. He then prints them and puts them in a booklet which he hands over to SI Anthony, who is in charge of the SOCO andwho deals with any request for copies.When cross-examined, he said that the photographs are kept in a filing cabinet and that there wasno report of any missing photographs at the SOCO in the case. In some of the photographs – E9to E12 – there are scratch marks on M. M. Harte’s neck and they appear in the newspaper  photographs too. When he said in his statement to the CCID that “these scratch…during the processing exercise” he meant the scratch marks on the abdomen were accidental.
 
Insp. Nuckchady (W.12) said he instructed W.11 to take 24 photographs on the 10
th
of January2011: he confirmed that Docs. E1 to E24 are the photographs taken on the said date from 6.00pmto 8.00pm. The photographs in the newspaper are identical to those taken by W.11: he does notknow how they came into the possession of the accused and were published in the newspaper.Mr G. Arnachellum (W.16) owns Tabagie Arnachellum found at La Louise. On the 17
th
of July2012 the police searched his shop and secured seven copies of the Sunday Times displayed for sale. His shop is on the main road next to Engen petrol station and is open to the public from5.00am to 8.00pm.Mr P. Bissondoyal (W.19) sold newspapers near the market at Market Road, Centre de Flacq. Onthe 17
th
of July 2012 the police secured thirty copies of the Sunday Times which were for sale.Mr M. S. Bundhoo (W.15) owns a shop at Royal Road, Phoenix. On the 16
th
of July 2012 heremitted two copies of the Sunday Times which were for sale.Witnesses nos.16, 19 and 15 identified Exhibit I as a copy of the newspapers delivered to themand which were for sale.The defence closed its case without adducing any evidence.In his defence statements the accused said that he is the director and editor-in-chief of theSunday Times newspaper, which is a weekly and is registered with the Accountant-General, butnot with the Registrar of Companies. He is aware of the murder of Mrs M. Harte Mc Areavy andthat there was a police enquiry and two persons were prosecuted before the Assizes in June andJuly 2012 and were acquitted on the 12
th
July 2012. He admitted that he published photographsof M. M. Harte and an article titled “Les photos exclusives de Michaela Harte dans la chambre1025” and “Qui avait dechiré la jupe de Michaela Harte?” in the Sunday Times of the 15
th
of July2012, edition no.36. He has nothing to say about the provenance of the photographs, the reasonhe published the said photographs and the fact that they are scene of crime photographs and wereremitted to authorised persons only. He has nothing to say about the fact that he was notauthorised to be in possession of the photographs and that the publication of the said photographsis an outrage against public morals and religion. He denies that he committed any offence andsaid that he only did his job as a journalist. On the 16
th
of July 2012 the police searched his printing works in virtue of a Search Warrant and secured six copies of the Sunday Times of the15
th
of July 2012 containing exclusive photographs M. M. Harte. On the 18
th
of July 2012 the police searched his house and his printing works in virtue of a Search Warrant and in his presence, secured four system units and a pen-drive. He has no complaint to make about thesearches.I have duly considered the evidence on record and the submissions of counsel. Section 206 of theCriminal Code provides that:“(1) (a) Any person who – (i)by words, exclamations or threats used in a public place or meeting;

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