Africa-Press – Seychelles. At the Supreme Court yesterday (May 6) following an application made by the Anti-Corruption Commission of Seychelles (ACCS), the chief justice (Rony Govinden) adjourned the hearing until May 19, so that issues raised with the Cabinet by the Attorney General concerning loopholes in the Anti-Corruption Act 2016 and Anti Money Laundering and Countering the Financing of Terrorism Act 2020 may be resolved by the National Assembly. A legislative amendment Bill addressing those issues was published earlier today (yesterday).
The case cannot be prosecuted by two prosecuting authorities (the ACCS and the Attorney General) at the same time, so it is important to resolve the legislative issue as soon as possible. Once the legislative proceedings have taken place, and depending on its outcome, either the ACCS or the Attorney General will make decisions relating to the investigation and appropriate charges to be faced by the defendants in this case.
In respect of bail: as there is further delay in this case, while the legislative position is resolved, the ACCS considered it appropriate for the remaining defendants to be released on conditional bail:
1. Surrender passport;
2. Not to travel outside the jurisdiction.
Separately, the ACCS has decided to transfer the case against Leslie Benoiton to the Attorney General, so that he may consider whether the evidence and charges against Mr Benoiton should more appropriately be joined to the firearms case. Accordingly, the ACCS has withdrawn the charges in this case against Mr Benoiton and he was discharged (on this case alone).
ACCS commissioner May De Silva said: “The ACCS is conscious of its public duty to keep evidence and charges under review at all times, and must consider the Constitutional rights and liberty of a defendant. However, in this unprecedented case which has grown out of all proportion to its initial state, the ACCS will continue to investigate the defendants and ensure that any criminality that can properly be established on evidence will be investigated and prosecuted before the courts of the Seychelles, so that the guilty are brought to justice. No one is above the law and ACCS will use all its available powers to ensure that justice is done and seen to be done, and that crime must not pay.”
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