CONFIDENTIAL
Administration of Justice
1.
On the difficult question of trial by jury, it is appreciated that there may well be no great desire for an extension of the jury system among the Chinese population, and that the lack of suitable jurors is an important limiting factor. If however it were feasible in any class of case to give the accused an option for trial in the Supreme Court before a jury, this would be a welcome development. It is appreciated that such an option could hardly be introduced for a trial period and it would be hard to estimate in advance how many accused would opt for jury trial if given it. An alternative might be to provide for the option of trial in the District Court by a judge sitting with two lay assessors (eg local JPs). If provision could be made for committal proceedings before trial in the District Courts, as before trial in the Supreme Court, this might prove helpful; and anything that could reasonably be done to give offenders charged with more serious crimes the chance of a jury trial would be welcome.
2. It is to be hoped that further progress can be made with the provision of legal aid in criminal cases. It is understood that half of the trials before the District Court do not qualify for legal aid and these presumably include some quite serious offences where the accused may receive a substantial sentence.
That being so, it would seem desirable
to take early steps to extend legal aid to all criminal cases before District Courts.
3.
The provision for additional shorthand writers is to be welcomed and it is to be hoped that if a sufficient number cannot be recruited, early progress can be made with the mechanical recording of evidence in the District Court.
The Judiciary
4.
The Chief Justice's proposal for a permanent court of appeal should prove a welcome development.
5. It is hoped to establish the new court this year, and the Governor has agreed that upon its establishment consideration should be given to the appointment of a suitable outside candidate to the Supreme Court.
6.
In order to increase the prospects of finding a candidate of the right calibre, it is suggested that the retiring age of Supreme Court Judges should be raised to 65 by means of an amendment to Article XVI A (1) of the Letters Patent.
7.
At the same time, the opportunity could be taken to add an additional paragraph to that Article, under which a person appointed to the supreme Court for a fixed term of years would have to retire at the expiration of the fixed term (whether under or over 65) cf section 113(1) of the Mauritius Constitution scheduled to the Mauritius Constitution Order 1968.
CONDT DENITAT.
18.