Drug-related child murders raise questions about the effectiveness of laws protecting children. Experts and lawyers are calling for reinforced measures and a reflection on parental responsibility in the face of this societal crisis.
After the sordid murder of Elodie Kathalea Gaspard, 7 years old, at the end of November 2024, sexually assaulted and then suffocated by her aunt’s former companion, a drug addict, another little girl, Marie Catalea Nalatambee, 19 months old, experienced, unfortunately, a horrible end barely a month later. On January 1, 2025, while allegedly under the influence of the synthetic drug, Josian Sylvio Edmond, known as Touloute, a 46-year-old carpenter, killed her. These tragedies highlight the devastating impact of synthetic drugs on society and question the effectiveness of child protection laws.
Sam Lauthan, a former social worker, says he is deeply alarmed by the rise in violence linked to synthetic drug consumption. He recalls that one of the recommendations of the commission of inquiry into drugs, chaired by former judge Paul Lam Shang Leen and of which he was one of the assessors, aimed to strengthen the protection of children in the face of the increased dangers posed by drugs.
“When a person becomes addicted, they go beyond the stage of simple pleasure or ‘just for fun’. She loses all rationality. These individuals are like zombies, cut off from everything, with hearts of stone,” he explains. Sam Lauthan shares a powerful anecdote: “A lady recently told me that she could no longer stand her son’s behavior. He causes his stepdaughter to suffer and, under the influence of drugs, becomes uncontrollable. She told me that when he fell asleep under the influence of the substances, she would be ready to kill him to protect her daughter-in-law. »
45 years in prison
This testimony illustrates, according to him, the extent of the problem. “Synthetic drugs have wreaked havoc in recent years. If we don’t act quickly, in five years it will be too late. »
Sam Lauthan calls for increased vigilance in the face of a crisis which, according to him, could worsen if concrete measures are not put in place quickly. “Even if the current laws are already strict, they need to be tightened further. These drug addicts, although they are sick, represent a real danger for children, women, families, and more broadly for society,” he insists.
Should we, as Sam Lauthan suggests, toughen the laws for crimes against children? To this question, lawyer Mrina Lutchmun would first like to provide clarification. The violent death of a child at the hands of an adult, whether or not under the influence of drugs or alcohol, is considered murder when there is no premeditation, but an intent to kill, she explains. This intention, she specifies, can be deduced from the violence of the blows inflicted on the child.
“The maximum sentence imposed by the Court is 45 years in prison. However, the judge has some leeway to reduce this sentence depending on the specific circumstances of the case,” she explains. That said, “the fact that the victim is a defenseless child is an aggravating factor which could justify a sentence close to the maximum,” adds the lawyer.
For his part, Me Sanjay Bhuckory invites measured reflection, far from hasty decisions: “Everything depends on the law on infanticide that we are talking about. The essential question to ask is: what are the real circumstances of the crime? Drugs, alcohol, marital disputes or other factors? It is crucial to identify the root cause before deciding whether to toughen laws. »
The lawyer emphasizes that the current legislative framework is already severe, with penalties of up to 45 years in prison for these crimes. “However, I am against the death penalty. » A practice also abolished in Mauritius, signatory to several human rights conventions.
Still, Mrina Lutchmun points out, it is difficult to protect a child against a sudden and unpredictable act of violence. However, the Children’s Act provides protection mechanisms for a child in danger or exposed to risks, whether physical or linked to sexual abuse, he recalls. If a case is reported to the police or authorities, even anonymously, “the police have the right to intervene, including in situations where the danger remains potential and has not yet materialized.”
Beyond the laws in place, Me Lutchmun focuses on the responsibility of adults with a parental role. “It is up to them to ensure that children are not exposed to situations or individuals that could represent danger,” she pleads.
Me Bhuckory expresses concerns about the state of society: “What is happening in our society? These actions reflect a deep unease. It is important to judge each case on a case-by-case basis, without generalizing or falling into amalgamation. »
Criminal liability under the influence of drugs
“Even if a defendant claims to have acted under the influence of drugs and did not know what he was doing by committing a crime against a child, it is up to the defense to prove it. The Court will then have to judge whether it is liable and whether the intention was criminal,” explains Me Ajay Daby.
The lawyer emphasizes the role of the prosecution in such cases: “It is up to the public prosecutor to demonstrate that the accused was fully aware of his actions at the time of the facts. It is not enough to claim that the alleged perpetrator did not know what he was doing because he was in a daze. Such assertions cannot be accepted by the Court without tangible and irrefutable evidence. »
Concerning the defense of automatism, Me Daby specifies that it is recognized in criminal law. However, he points out that “any defendant found guilty of a crime against a child is subject to penalties similar to those of a murderer. The severity of the sentence, however, remains at the discretion of the judge or magistrate depending on the circumstances of the case. »
The killer of Catalea: “I did not know what I was doing at that time”
At the time of the events, the alleged murderer of little Catalea, 19 months old, Josian Sylvio Edmond, better known as Touloute, who lives in Mahatma Gandhi, Cité Richelieu, was allegedly under the influence of drugs. To the police, he allegedly declared that he did not remember the facts: “Depi set-er gramatin monn al aste sintetik, monn pran, apre kinn ariv sa. Mo pa kone ekzakteman kouma” And he would have added:
“Mo pa ti kone ki mo pe fer sa ler-la. » Currently in police custody, he is the subject of a provisional charge of murder.
According to reports, he was playing with the girl and picked her up before violently throwing her to the ground. According to a witness: “Touloute inn pran ti-baba-la inn pil anba. » A version corroborated by the autopsy carried out by Dr Shaila Jankee Prasad, Police Medical Officer (PMO), who concluded that little Catalea died as a result of a skull fracture, after being thrown violently to the ground.
Alan Ramborough placed under protection
Jean Alan Ramborough, accused of the sordid murder of Kathalea Gaspard – kidnapped, raped and suffocated – is incarcerated in the Security and Protection Unit of the New Wing Prison in Beau-Bassin. This device, reserved for prisoners at high risk or in danger, would have been activated following a request from the detainee himself, according to our sources.
According to informants close to the prison system, any so-called “high profile” inmate can request to be placed in a highly secure unit. A simple statement mentioning the presence of an enemy in prison or fears for his safety is sufficient. Jean Alan Ramborough, accused of an atrocious crime, therefore benefits from this protection. Placed under constant surveillance, he is supervised by the Correctional and Emergency Response Team, which supervises his movements, particularly during hospital appointments.
