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Section 143: Case heard by Acting Magistrate holding substantial appointment in

Constitution · PART V: HUMAN RIGHTS AND FREEDOMS

consolidated text (as at 2017). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

143. Case heard by Acting Magistrate holding substantial appointment in the Attorney-General’s Office—The person who tried the appellant had been seconded as an Acting Magistrate to the Judicial Department from the Attorney-General’s office which, it was contended, was part of the Executive. [Issue 1] CON – 204 Revised Laws of Mauritius HELD the test applicable in determining whether a trial Magistrate is objectively impartial and independent is to consider whether the judicial officer offers guarantees sufficient to exclude any legitimate doubt in this respect. Chundunsing v State (1997). F. Witnesses’ depositions

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