Africa-Press – Seychelles. New substitute charges against former accused in the missing US $50 million corruption case
Three former accused in the case of the missing US $50 million donated to Seychelles in 2002 by the Abu Dhabi government had the existing charges brought against them substituted with proposed amended charges, following the modification of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020 by the National Assembly earlier this month.
The amendment in the law gives the Anti-Corruption Commission of Seychelles (ACCS) more powers to investigate and prosecute offences of conspiracy and attempt as well as offences of money laundering committed prior to the enactment of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020.
In a notice of motion brought before the court yesterday by attorney Tony Juliette on behalf of the ACCS, two new charges were brought against the suspects who were previously involved in the ongoing investigation of the missing money.
In an affidavit in support of the substituting charges, the ACCS stated that with the legislative amendments in place, it may continue with all aspects of its prosecution, and, in particular, apply for amendments to, or withdrawal of, the charges faced by the defendants.
It further states that the ACCS has reviewed the appropriate charges, mindful of its duties under the Code of Prosecutors.
Therefore, in the circumstances, the ACCS has substituted the existing charges brought against the suspects with proposed amendments on two (2) counts.
In the first count – Making a false document – one of the suspects has been accused of making a false document, namely a document entitled ‘Loan Agreement’ which was false in that it purported to show that the suspect had been loaned US $4 million by Capital Management and Consultancy Ltd of Providence, Mahé for the purpose of 2 million preference shares in Apollo Towers Holdings Pte Ltd, Singapore, with the intention of using it to induce representatives of Tillman Global Holdings to accept it as genuine.
In count two, all three have been charged for conspiring to make a document, namely a document entitled ‘Loan Agreement’ which was false in that it purported to show that the suspect had been loaned US $4 million by Capital Management and Consultancy Ltd of Providence, Mahé for the purpose of 2 million preference shares in Apollo Towers Holdings Pte Ltd, Singapore, with the intention of using it to induce representatives of Tillman Global Holdings to accept it as genuine.
Brought before the court in the form of two motions – one for a single suspect, and the other for two, together with the first suspect – Justice Rony Govinden ruled that amendments of charges should be done wholesome and not separately, otherwise it will confuse the issue.
He explained that the ACCS will have to serve the amended charge, together with the one that leave has granted on all the accused persons who will come to court where the leave will be considered in the totality of the case, while fresh notice of motion should be filed.
This matter has been uncovered through the ongoing sift of the documents and enormous volume of data uplifted through the evidential searches at residential properties and offices conducted by the ACCS since November 18, 2021.
The ACCS has said that it will continue to sift the evidential material uplifted for inclusion in the cases already before the Supreme Court but anticipates that further enquiries and possibly further charges and suspects will be identified as a consequence.
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