Mauritius Judge Halts FCC Bid to Block Lee Shim's Lawyer

A Mauritius Supreme Court judge has put the brakes on a controversial move by the Financial Crimes Commission (FCC) after the anti-financial crime body attempted to prevent a businessman from being represented by his lawyer of choice during questioning.

The FCC, Mauritius's main agency for investigating financial crimes and money laundering, had summoned businessman Jean Michel Lee Shim for questioning as part of an investigation believed to be linked to the operations of SMS Pariaz, a local betting and gaming company. Before that questioning could take place, an urgent legal application was filed at the Supreme Court challenging the conditions of the summons.

Judge in Chambers Carol Green-Jokhoo responded swiftly. She ordered both the FCC and the Mauritius Bar Association, the regulatory body for lawyers in Mauritius, to appear before her and explain their conduct. The hearing before Lee Shim was scheduled to take place has effectively been suspended pending that explanation.

At the centre of the dispute is a fundamental legal right: the right of any person summoned by an authority to be represented by a lawyer of their choosing. Lee Shim had retained attorney Shamir Hossany for this purpose.

According to an affidavit filed with the court, the FCC did not merely discuss scheduling. The agency, through investigator Mme Raymond, then Chief Inspector Raju Naiken, and acting Director of Investigations Paramhans Aleear, told the lawyer directly that he would not be permitted to represent his client. The stated reason was an alleged conflict of interest on the lawyer's part. However, according to the affidavit, no explanation, supporting document, or evidence of any kind was provided to justify that claim.

The FCC's position, as described in the court filing, raises serious procedural questions. Excluding a person's chosen legal counsel without offering any transparent basis for doing so cuts against basic principles of due process, which require that any restriction on legal representation be clearly reasoned and verifiable.

What this means: This case matters beyond Lee Shim and the FCC. It tests whether Mauritius's financial investigations agency can impose informal restrictions on a person's right to legal counsel without going through a proper legal process. The Supreme Court's involvement signals that such conduct will face judicial scrutiny. If the FCC cannot justify its actions before Judge Green-Jokhoo, the case could set a precedent limiting how investigative bodies treat suspects and their lawyers in Mauritius.

The FCC was established under the Financial Crimes Commission Act 2023 and replaced several earlier bodies, including the Independent Commission Against Corruption (ICAC) and the Financial Intelligence Unit (FIU). It has broad powers to investigate corruption, money laundering and financial crime.

The outcome of the Supreme Court hearing is awaited.

Source: ION News