Blog: Maya Hanoomanjee - « Niet » to ICAC but « Da » to Radio Plus !

The Hon. Mrs Santi Bai Hanoomanjee, also called Maya Hanoomanjee, Minister of Health and Quality of Life, has been involved in the purchase of the unused MedPoint Clinic for the purpose of a National Geriatric Hospital per government policy. She is aware of the original government valuation of Rs75m around Aug/Sep 2010 submitted by the Number 2 of the Valuation Office. But the Chief Government Valuer Mr Yodhun Bissessur carried out a second valuation which turned out to be much higher at Rs145m and upon which the government purchase was concluded with Mrs Hanoomanjee’s knowledge and apparent approval.

Since January 2011 when more and more of what are regarded as suspicious details of the transaction became known, the matter was exposed by the political opposition, in the media and Mauritians started to ask searching questions regarding corruption and conflict of interests.  Dr Krishan Malhotra, major shareholder of Medpoint (also referred to as the ‘Jugnauth Clinic’), is the brother in law of the Minister of Finance Pravind Jugnauth and son in law of the President Sir Anerood Jugnauth, and the Valuation Office comes under Pravind Jugnauth, hence the outcry that « zotte même acheter zotte même vendé » (Matinal 21 July 2011). The watchdog against corruption, the Independent Commission Against Corruption (ICAC), conducted preliminary investigations and decided there was a case to answer, hence their decision for a full-fledged investigation.

ICAC laboriously went through the evidence, grilled several of the Civil Servants involved in the transaction.  In the process, the Chief Government Valuer Yodhun Bissessur has been suspended and provisionally charged with « « public official using his office for gratification ».  Although he was originally reported to have said that it was Minister Hanoomanjee (rather than the Minister of Finance Pravind Jugnauth under whom comes the Valuation Office) who had given him instructions to carry out the second valuation, it is not yet known whether he confirmed the same to ICAC.  It is also said that Minister Hanoomanjee had put tremendous pressure on Civil Servants to conclude the government purchase in 2010 at the higher price of Rs145m even though such purchase was not budgeted for.

« No » to ICAC, « Yes » to Radio Plus
As Minister of Health so closely involved in numerous decisions taken to ensure the purchase of MedPoint Clinic for the purpose of a National Geriatric Hospital, Maya Hanoomanjee     is clearly a key witness and ICAC has made sure that it is in possession of adequate information and documentary evidence before giving her notice and summoning her to appear « under warning ».  She was due to be grilled by the ICAC experienced investigators yesterday, the 20th July 2011.  She did not give any legal notice to ICAC that she refused to appear because she contested the legality of its summons.  But she unexpectedly sent her Barrister Me Rishi Pursem to ICAC at 9.30 a.m  to speak on her behalf to demand explanations as to why she has been summoned to appear.  As if she did not know!!  ICAC has been very patient by allowing Me Pursem to submit a letter for his client and to speak on her behalf for around 45 minutes, something they did not have to do in her absence.  A witness is entitled to be assisted by Counsel, but the Counsel cannot replace the witness.

In an interview to Radio Plus the same morning around 10.25, Me Pursem reportedly said that Maya Hanoomanjee would not be going to ICAC on that day (Défi Quotidien). But the ICAC Investigators would have already told Me Pursem that morning that Mrs Hanoomanjee would need to attend by 16.30 hours on the 20th to avoid further steps.  Moreover, Mrs Hanoomanjee, would have already been briefed by Me Pursem.  There was nothing which indicated then that Mrs Hanoomanjee was of ill health.  Mrs Hanoomanjee must have been advised and/or decided not to go to ICAC on that day in any case, but been advised and/or decided to give an interview to Radio Plus instead when she said : « Je vais collaborer pleinement avec l’Icac. Ce n’est pas parce que je ne me suis pas rendue dans les locaux de la commission aujourd’hui que cela veut dire que je ne collabore pas. J’ai demandé certains éclaircissements sur ma convocation. Je suis tout à fait d’accord de collaborer avec les limiers, mais tout doit être fait dans un cadre légal » (Défi Quotidien).

This is a clear kick in the teeth of ICAC.  Is ICAC a ‘cadre illégal’?  She also said she was « sereine » and not « inquiète ».

Warrant against Mrs Hanoomanjee
To many, Minister Hanoomanjee’s explanations would sound more like a cock and bull story designed to frustrate the investigation.  ICAC certainly did not fall for that.  Per press reports, ICAC sought an arrest warrant against Minister Hanoomanjee at close of play on 20th July 2011, warrant granted by the Police Commissioner Dhun Iswar Rampersad.  But at the time the warrant was issued, Minister Hanoomanjee is said to have already been admitted at the Apollo Bramwell private hospital that afternoon, having been taken ill with a « malaise ».  Was she forewarned of the warrant for her arrest ?  She was fine (« sereine » and not « inquiète ») up to her interview with Radio Plus when she knew she would not go to ICAC that day, as confirmed by her Counsel Me Pursem.  However, the fact that she is in hospital does not invalidate or frustrate the warrant.  Strictly, she can be arrested and sent to a government secure and guarded hospital under appropriate observation.  ICAC should also obtain another medical opinion on her sudden « malaise » and the extent and severity of her illness.

Conclusion
Her refusal to appear before the investigators of ICAC has fuelled even more speculations, such as that she was advised to resign before appearing, that she intended to contest the legality of ICAC’s summons, and so on.  Contrary to what Minister Hanoomanjee appears to have said to Radio Plus, ICAC is indeed operating within a « cadre légal ».  The Chief Government Valuer Yodhun Bissessur tried to contest before the Rose-Hill Magistrate Court ICAC’s decision to proceed to his arrest and the subsequent charge against him.  On 21st July 2011, the Magistrate Nadjiyya Dauhoo rejected the arguments of Mr Bissessur’s Barrister Me Ajay Daby, and the provisional charge of « public official using his office for gratification » maintained.  For a government Minister, one would have thought that Minister Hanoomanjee would have said « Da » to ICAC and « Niet » to Radio Plus!  Her position in government has become untenable.

Such complications tend to arise simply because ICAC is seen as a parallel ‘Police Force’ since some of their powers overlap.  At the same time, ICAC is not a court or law, but it has powers to summon witnesses, question and cross-examine them, accept documentary evidence, and recommend to the DPP as to the charges, if any, to be brought against them.  The government should proceed to a clarification of the law in this area to prevent any form of abuse of the legal process and make any attempt to frustrate the work of ICAC more difficult.  Even though the investigations have been going on for nearly seven months, and witnesses working in the same government department questioned days apart, there are clear signs of progress as ICAC is determined to get to the bottom of the problem and put its powers to good use.  If ICAC which, by its very existence, is unquestionably a deterrent against economic corruption through embezzlement or otherwise, allows itself to be run over by powerful manoeuvring, it would lose its raison d’être.