Whatever allegations have been made about notary Deelchand?s modus operandi are hair-raising, but have yet to be proved. He is presumed innocent until proved guilty. However, the general public has regarded lawyers, notaries and solicitors with much suspicion for a long time.

The layman may be wrong in his assessment of the situation. But then the special make-up of the world of the bar itself purports to suspicion. In this special world of the black gown, some people have grown stinking rich. Few are thought to have treaded along honest paths to wealth. Most of these architects of swindle are people who have bought access to power if they have not themselves tried to get elected.

Moreover, in this special world, lawyers, notaries and solicitors are known for their very close incestuous relationships that are resistant to outside influence. Alleged deals made behind clients? backs are rampant. But these allegations rarely make their way to the police or courtroom. A dangerous mindset has been self-instilled in the population. Victims firmly believe that there is no one else to turn to when scams arise in the legal sphere.

Lawyers do not readily accept clients trying to sue notaries or solicitors or another lawyer. The consumer, who discovers that the good he has purchased is far from what was promised by the retailer, has many doors to knock at to seek redress. And my neighbour who has spent many thousands of rupees on a notary and a lawyer in his bid to fight a pull-down order by a district council is now at a loss. All doors are closing on his efforts to get some of his money back.

After having pocketed a huge sum, the lawyer told him to negotiate personally with the district council, to cooperate and pull down the building, for the case was undefendable in court. To make things worse, the lawyer has issued him with a receipt for only Rs 10 000 to avoid paying heavy sales tax.

Like most Mauritians, this victim believes that it would be impossible to sue the notary and the lawyer. Taking notaries to court is a rare event. Only two such cases are known. One is of a Hindu priest who not only obtained, through an out-of-court agreement, that his deed drawn up by a notary be corrected to have legal force but also damages. It is alleged that the notary taken to task threatened the lawyer who took the case.

One notary found guilty of misdemeanour is still in office, having offered a second security and an undertaking to behave. His victim has never recovered the money lost in this particular case. It is also known that one of the victims of the State lands scandal, which led to the resignation of Mukesshwar Choonee as minister, is presently suing a notary for damages. This victim will not however recover the Rs 10 million he lost in the scam.

The Deelchand saga may be an eye opener for it brings out the infirmities and impotence of the Mauritian system when it comes to protecting the general public against ?scamsters-at-the-bar?. The Notaries Act empowers Mauritian notaries to perform certain legal formalities, especially the drawing up of contracts and deeds. The legislators must have thought these people to be above any suspicion. Regulations on the registering of deeds give too much scope that unscrupulous notaries can easily avail themselves of to dupe clients.

What is happening in the bar world is very disquieting. The minister of Justice must realise that if the Mauritian system cannot break the incestuous relations between lawyers and notaries, if the system cannot punish the guilty, if it cannot regulate to close all the loopholes and opportunities for notaries to scam, for lawyers to despoil desperate clients, it will breed more ?scamsters?.