The Prevention of Corruption Act: A personal interpretation

Avec le soutien de

With reference to the Medpoint case which  was dismissed by the Supreme Court and the Judicial Committtee  of the Privy Council judgements , the Prevention of the Corruption Act 2002(POCA) has been the subject of various interpretations  and comments in the media, whereas ,as in any legislation, there are  preliminary clauses in the arrangement of the acts as regards the meaning of words,the definition of offences and  specification of penalties  for general  guidance in investigation,prosecution ,trial and  judgement.

As the thumbmark ,no two cases are the same and  have  any similarity whatsoever to the offences  alleged  with  backgrounds  that vary according to the individuals at stake  and the key issues as regards interests involved and should therefore be judged  differently except that precedence in jurisprudence may be referred  to for   the motivation of a final judgement by the court concerned. Many Commonwealth countries have elected  to have their own Court of Appeal at home and not to have recourse to the Judicial Committee of the Privy Council.The interpretation and application of their laws and  appeal rests entirely with their Supreme Court.

It would be in order to delve into  the jurisprudence of Commonwealth countries prior to any prosecution itself to substanciate any further proceedings in the right interpretation of a complicated and wide ranging law that encompasses  so many elements written or perceived and to be proven and eliminate any bias or subjective interpretation  of good faith or guilty knowledge where suspicion of  corruption is involved whilst the cardinal tenet of natural justice is that no one can be judge and party  at the same time.At the click of a second the WWW( the World Wide Web )can provide an encyclopedia of information on any subject to be researched by the prosecuting agencies.

An independent Constitutional Council may well be instituted with retired judges to advise on the laws of the land on any issue involving their  application including proposed amendments to the  Constitution.
Furthermore,an advisory opinion may well  be sought in the final analysis to prevent any  error in the course of the instruction  of  a complicated case which is being referred to  for  consideration before prosecution.

Any case of appeal having already been  tried and judged on concrete grounds have to be seen on new solid premises and points of the written  law which have  been overlooked and the meaning of words and their implications not properly assessed in all clarity before any proceedings.

No one should therefore at any stage err as any error of judgement in the right  interpretation of laws despite their intricate nature may lead  to a miscarriage of justice and no one should bear the brunt of an accusation, standing on trial, lodging an appeal to  the Supreme Court and as a  last resort to the Judicial Committee of the Privy Council of her Majesty the Queen of England to seek justice with costs  and clear his /her name and reputation with dignity  and which leave  for life untold   moral hardships and damages .After all laws are made to protect the rights of citizens  and justice is sought to remedy any wrong act or misdemeanor against them beyond any reasonable doubt. Nowadays corruption  has become an evil  on many continents and politics its root causes.

All acts of alleged corruption are well defined in the Prevention of Corruption  law such as

  • Bribery of any kind given , received or sollicited
  • Gratification/Gifts  designed to take advantages and  give favours of any kind
  • Conflict of Interests in individual shareholding ,ownership of  companies and beneficiaries of 

contracts

  • Traffic d’influence for gains and favours
  • Relatives
  • Officials

The arrangements of the POCA Act are clear and in detail ,the red lines having been drawn to avoid any suspicion in any transaction involving a public  official and a public body.The offences carry a 10 year term of imprisonment in nearly all the cases.

Suffice it say that anybody having an interest in a case should declare it  in writing at the very outset and as was spelled out by a Learned Lord to  stay away from any decision making or proceedings and not   fall into the pitfalls of the legislation.That is a fundamental issue that requires  no clarification and would dismiss any suspicion of corruption  for any reason at the very beginning of a transaction.AS regards other cases  of corruption in the pipeline,an awareness of the law has been focused in the public at large.
The POCA (Prevention of Corruption Act 2002) has been conceived,drafted,discussed,approved,voted in various stages,assented and proclaimed in plain English though it was in olden days required to read  Greek and Latin(to quote ‘’mens rea ,,) for legal studies in the Temples of Law in the UK.

In the meantime,the Privy Council has requested for the names of those who had access to the draft EMBARGO judgement submitted   in the case and an enquiry has been undertaken  to find out why was the embargo not respected in  contempt  of the highest Court of Appeal concerning    the strict rule of secrecy on embargo. 
When all would have been  written and said regarding the POCA,the Prime Minister may appoint a committee  as provided for in the Act to advise on the  law .

‘’HONNI SOIT QUI MAL  Y PENSES ‘’ is the logo of the Privy Council since centuries …

Refs:

  • Prevention of Corruption Act 2002/download
  • Privy Council Appeal N0 0030 of 2018 Case Facts and Judgement 2019/download
  • Web site of the Privy Council
  • Research engines on the internet
  • L’express daily newspaper reports
  • Private news channels/Internet


            

Publicité
Publicité
Rejoignez la conversation en laissant un commentaire ci-dessous.

Ailleurs sur lexpress.mu

Les plus...

  • Lus
  • Commentés
  pages consultées aujourd'hui Statistiques et options publicitaires