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Court Visit - REWORKED
Court Visit - REWORKED
The
aim was to gain practical skills and a deeper understanding of the legal issues by observing
court proceedings. The choice to focus on the Intermediate Court was justified by its crucial
role in the Mauritian judicial system and the opportunity to compare it with other courts. By
analyzing a specific case, this report examines the dynamics among court actors and
showcases my comprehension of the legal matters at hand.
Court Setting.
The Intermediate Court in Mauritius provided an atmosphere that reflected the gravity of the
legal proceedings, convening at 12:30pm. The court's setting adhered to a hierarchical
arrangement, with the presiding Magistrate addressed as 'Your Honor.' Although there were
some technical glitches with the microphones, speakers, and lighting, the courtroom benefited
from ample natural light streaming in through the large windows positioned above the Judge's
dais. This setting showcased the court's commitment to maintaining an environment
conducive to justice and fairness, despite minor technical challenges.
Comparison of Courts.
Case Overview.
In the case of Police v C. Begre Anor, the defendant's residence was subjected to a police
raid based on suspicion of drug dealing. During the proceedings, the defendant pleaded
guilty, while their spouse expressed remorse for the situation. The court has set a deadline of
Thursday, March 30th, 2023, to provide a legal reasoning (ratio decidendi) in this case. The
nature of the case involved the provision and distribution of drugs, posing a significant threat
to public health and safety. The court took into account the coherence of witness testimonies
and engaged in the negotiation of a suitable sentence through plea-in-mitigation. These
factors played a pivotal role in the court's decision-making process.
The dynamics among court actors in the Intermediate Court of Mauritius were evident during
the proceedings. The Magistrate, dressed in a black judicial gown, displayed authority and
impartiality while overseeing the court. Supporting the process, the Court Usher, Court
Orderly, and Security Personnel maintained order and facilitated the proceedings. Four police
witnesses, dressed in suits, provided both physical evidence and testimonies, strengthening
the prosecution's case. The legal representatives, Crown Counsel and Defense Counsel,
presented arguments on points of law. Despite a language barrier, the criminal evidence
convincingly established the defendant's guilt, while the testimonies of the four witnesses
compensated for the absence of external expert testimony.
The collaboration and interactions among the court actors showcased the effective
functioning of the Intermediate Court of Mauritius. Their collective efforts ensured a fair and
thorough examination of the case, contributing to the court's ability to deliver justice.
Recommended changes.
Efforts should be directed towards enhancing the efficiency, accessibility, and flexibility of
the judicial system. This can be achieved through the implementation of electronic filing
systems and the utilization of video conferencing for remote hearings, saving time and
improving convenience. Additionally, inclusive features like hearing loops in courtrooms
would ensure equal access to justice for individuals with hearing impairments.
Conclusion.
My visit to the Intermediate Court of Mauritius on March 16th, 2023, improved my practical
skills and understanding of legal issues. It emphasized the court's commitment to justice and
the necessity for an efficient, accessible, and adaptable judicial system with electronic filing,
video conferencing, inclusive court features, and alternative sentencing options.