Mauritius Criminal Justice Bill: Lawyer Warns Star Witness Rule Could Jail Innocents

A prominent Mauritian lawyer has raised serious concerns about a key provision in the proposed Criminal Justice Bill, warning that it could lead to innocent people being convicted if the safeguards around it are not strengthened.

Speaking to ION News on Friday 30 October, attorney Krishen Luximon focused his criticism on the bill's "star witness" mechanism, a legal device that allows a suspect to cooperate with prosecutors in exchange for immunity from prosecution or a reduced sentence.

The concept is not new in many legal systems, but its introduction into Mauritian law through the Criminal Justice Bill has sparked debate among legal professionals about how it will work in practice.

Me Luximon explained the process as follows. When a person is suspected of a crime, they can be invited to take part in a police investigation. Their lawyers assist them during police questioning, and the police are expected to disclose the charges and available evidence against that person. The defence lawyer can then advise their client to cooperate fully with investigators.

Once cooperation is agreed, the case can be referred up through the police hierarchy and then sent to the office of the Director of Public Prosecutions, known as the DPP, which is the independent body in Mauritius responsible for deciding whether criminal charges are brought. The DPP can then grant the suspect star witness status, offering them legal protections and potentially shielding them from prosecution altogether.

Me Luximon's concern is straightforward but serious. If the wrong person is accused and that person, under pressure or on bad legal advice, agrees to cooperate and points the finger at someone else, an innocent individual could end up behind bars. He warned this scenario represents a real risk of a miscarriage of justice, his words in Mauritian Creole translating as: "It can cause a miscarriage of justice if the wrong person has been charged, and an innocent person ends up behind bars."

The attorney's intervention reflects wider unease in Mauritius's legal community about the bill, which touches on some of the most sensitive aspects of criminal procedure. The star witness tool is often used in cases involving organised crime, drug trafficking or corruption, where investigators need one insider to unlock a broader network of wrongdoing. Its usefulness depends entirely on the quality of information provided and the integrity of the process.

What this means: If the Criminal Justice Bill passes in its current form, Mauritian courts could see cases where charges against individuals rest significantly on the testimony of a co-accused who has been granted immunity. Critics like Me Luximon argue that without strict vetting of star witnesses and robust judicial oversight, the mechanism could be manipulated, either deliberately or through error, putting innocent defendants at serious risk. Legal observers will be watching closely to see whether the bill is amended before it becomes law.

Source: ION News