- Case summary
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Disclosure of Attorney Privilege communication
SUPREME COURT OF SEYCHELLES
Reportable
[2022] SCSC …
CO114/2021
In the matter between:
THE ANTI-CORRUPTION COMMISSION
(rep. by Mr Anthony Juliette)
and
MRS MUKESH VALABHJI 1st Accused
(rep. by Mr France Bonte)
MRS LAURA VALABHJI 2nd Accused
(in person)
MR ANDRE LESLIE BENOITON 3rd Accused
(rep by Mr Basil Hoareau)
MRS SARAH RENE 4th Accused
(rep by Mr Cesar and Mr Joel Camille)
MAURICE LOUSTEAU LALANNE 5th Accused
(rep by Mr Basil Hoareau)
MRS LEKHA NAIR 6th Accused
(rep by Mr Basil Hoareau)
Neutral Citation: Anti-Corruption Commission v/s Valabhji & Ors CO114/2021) [2022] SCSC (25 March 2022).
Before: Govinden CJ,
Summary: Disclosure of Attorney Privilege communication
Heard: 25 March 2022
Delivered: 25 March 2022
ORDER
GOVINDEN CJ
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This is my order given with regards to the Notice of Motion of the ACCS dated the 14th of March 2022, with respect to an order setting out the process and timetable of review of materials potentially subject to professional privilege or amounting to Attorney privilege communication held by the ACCS.
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Following hearing of both parties the ACCS Counsel and the 2nd accused in this case I order as follows:-
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I order that an independent Attorney at law licensed in Seychelles be chosen by joint agreement between the ACCS and the 2nd accused, by the 8th of April 2022.
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In absence of such an agreement the parties is at liberty to apply to this Court for directions.
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The Independent lawyer shall be instructed on joint instruction of the ACCS and the 2nd accused. Such instruction to be agreed by the 15th of April 2022 in the absence of agreement, any party shall be at liberty to apply to the Court for direction.
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All material including electronically held material shall be copied by the ACCS to the Independent Counsel.
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The fees to be paid to the independent Counsel shall be shared jointly between the ACCS and the 2nd accused.
Signed, dated and delivered at Ile du Port on 25 March 2022
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Govinden C J
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