Mohamad Jiaved Ruhumatally v The State and another (Mauritius)
[2024] UKPC 15
Coomaravel Pyaneandee v Paul Lam Shang Leen and 6 others (Mauritius)
13 August 2024
[2024] UKPC 27
Privy Council
A lawyer was criticised in a report about drug trafficking. A court said the criticism wasn't serious enough to challenge. A higher court disagreed, saying the report was unfair because the lawyer wasn't given a chance to properly respond to the accusations. The higher court ordered the unfair parts of the report to be removed.
Key Facts
- •Public inquiry into drug trafficking in Mauritius criticized the appellant's conduct as counsel.
- •Appellant was not given a fair opportunity to respond to allegations.
- •Appellant sought judicial review, which was dismissed by the Supreme Court of Mauritius.
- •Privy Council Appeal granted permission to appeal.
- •Appellant's hearing and sight impairments affected his ability to participate in the inquiry.
- •The Report contained passages critical of the appellant, recommending further investigation.
- •The Supreme Court held that the Report contained comments and observations not amenable to judicial review.
- •The Transcript of the appellant's evidence was not initially disclosed.
Legal Principles
Duty of candour and disclosure in judicial review proceedings.
English and Mauritian law
Amenability of commission of inquiry reports to judicial review.
Mauritian case law (De Robillard v Yeung Sik Yuen, Jadoo-Jaunbocus v Lam Shang Leen)
Rules of natural justice and fairness in investigative jurisdictions.
R (Hoffman) v Commissioner of Inquiry, R v Secretary of State for the Home Department, Ex p Doody
Outcomes
Appeal allowed.
The Supreme Court erred in its narrow approach to judicial review; the impugned passages were amenable to review and breached natural justice.
Impugned passages declared in breach of fairness and natural justice.
The Commission failed to provide the appellant with sufficient opportunity to respond to allegations; the Report was unbalanced and contained unsubstantiated claims.
Impugned passages to be disregarded and a link to the judgment inserted in the online version of the Report.
To rectify the breach of natural justice and ensure fairness to the appellant.
Similar Cases
Karen Allen and 2 others v Registrar of Companies and another (Montserrat)
[2024] UKPC 26
McMahon v Independent Office for Police Conduct
[2024] EWCA Civ 994
Yonggao Pan v Minister of National Security (Trinidad and Tobago)
[2024] UKPC 31
Director of Public Prosecutions v Chris Durham also called Bouye (deceased) and 2 others (Trinidad and Tobago)
[2024] UKPC 21