Marc Jean-Marie Celestin (Appellant) v The State of Mauritius (Respondent) (Mauritius)

Case summary

Case ID

JCPC/2026/0042

Jurisdiction

Mauritius

Parties

Appellant(s)

Marc Jean-Marie CELESTIN

Respondent(s)

THE STATE OF MAURITIUS -

Issue

Should the appellant’s sentence for drug offences have been reduced on the basis that he had provided information which had resulted in the identification and arrest of another offender?

Facts

The appellant was convicted of wilfully possessing dangerous drugs (94.3 grams of heroin) for the purpose of selling them, contrary to the Dangerous Drugs Act. Given the street value of the drugs, the appellant was a convicted as a “drug trafficker”. The circumstances surrounding his arrest and conviction were that, in 2019, the police, who had been tipped off that the appellant was involved in drug dealing, set up a covert operation whereby they posed as potential clients seeking to purchase drugs from him. They arranged to meet the appellant and arrested him after he got into a car owned by the police and handed them a parcel which contained drugs. Upon his arrest, the appellant provided the name of a person, called Nahim Latona, who he said had lured him into carrying out the delivery. After being charged, the appellant initially pleaded not guilty, making representations that the prosecution should drop the allegation of drug trafficking. When these representations were refused, the appellant pleaded guilty. Following a sentencing hearing in 2023, the appellant was sentenced to 16 years of penal servitude and fined Rs 100,000. At the time of the sentencing hearing, Nahim Latona had not been found. The appellant appealed against this sentence on the grounds that it was manifestly harsh and excessive. The Court of Appeal heard the appeal in January 2025, and dismissed the appeal in a judgment given in February 2025. In 2024, in between the sentencing hearing and the Court of Appeal hearing, Nahim Latona was found and arrested. The appellant argues that this was only possible because of the information he had provided to the police. The appellant now seeks permission to appeal to the Judicial Committee of the Privy Council on the basis that his provision of information in respect of Nahim Latona should have resulted in a reduction to his sentence under s43(2) Dangerous Drugs Act.

Date of issue

29 May 2026

Case origin

PTA

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