McAreavey murder suspects could be held on remand for a year

Wednesday, January 12, 2011 ARCHIVES PICTURES
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McAreavey murder suspects could be held on remand for a year
Wednesday, January 12, 2011 - 02:44 PM

Criminal law in Mauritius is similar to the legal system Ireland and the UK, but with a French influence.

Ashveen Gopee, a barrister on the island, explained how suspects for the murder of honeymooner Michaela McAreavey could he held on remand for about one year, if necessary, as a case is built against them.

Mr Ashveen, of Astor Law Professionals in Port Louis, said once police believe they have substantial evidence against an arrested person, they would lodge a provisional charge of murder at a district court.

The case is heard by a magistrate, who is a trained lawyer, not a lay person.

“Bail acts are also similar to British law so the person would probably be denied bail,” said Mr Ashveen.

“A judicial inquiry will then be carried out by police officers and the case will be called back by the magistrate at different stages to see how the investigation is continuing.”

A formal charge of murder, or a lesser charge, is lodged against the person in one of the follow-up hearings.

Rarely, a magistrate will strike out a case over a lack of evidence against a suspect.

Mr Gopee revealed a suspect can be held in a police cell for 21 days, after which time he or she must be sent to a jail until the case goes to trial.

Murder cases are usually tried before a jury at the Assizes Court of Mauritius.

Mr Gopee said Mrs McAreavey’s murder has shocked people across the island.

“This is a very, very unfortunate case,” he added.

“For honeymooners to come to Mauritius and have this fate – everybody in Mauritius is quite shocked.”

Mauritian law is an amalgam of French and British legal tradition after the Indian Ocean island was colonised by the two nations.

During the French period, the island’s legal system was governed by the French Napoleonic Code, which remained in force under British rule


Read more: http://www.irishexaminer.com/breakingnews/ireland/mcareavey-murder-suspects-could-be-held-on-remand-for-a-year-489043.html#ixzz1ApsBFneb