Section 180: Private prosecution – Refusal of permission to leave Mauritius—The

180. Private prosecution – Refusal of permission to leave Mauritius—The applicant was a Mauritian citizen married to a Swiss citizen. After holidaying in Mauritius, the applicant was prevented from leaving by a private prosecution against her for larceny. The applicant sought an order to have the objection to her leaving Mauritius set aside. HELD once a prosecution, public or private, is pending before the Court, nobody should do anything to hinder the due process of law, subject to the power of the Director of Public Prosecutions to discontinue the proceedings. In this case the DPP chose not to intervene. If the application was granted the applicant may never return to Mauritius. The Court should not substitute itself for the role of the DPP and indirectly discontinue the proceedings. Mingard v Commissioner of Police (1988).