R v Goolam & Anor (CO 112 of 2021) [2022] SCSC 1109 (8 April 2022)

Flynote

Criminal law


IN THE SUPREME COURT OF SEYCHELLES


 

Reportable

[2022] SCSC …

CO112/2021

 

In the matter between

THE REPUBLIC PROSECUTION

(rep. by Mr. Hemanth Kumar)

 

and

MOHAMMED GOOLAM 1ST ACCUSED

(Mr. Basil Hoareau)

 

DANIELITO MALBROOK 2ND ACCUSSED

(Mr. Joel Camille)

 

Neutral Citation: Rep vs Mohamed Goolam & ors (CO112/2021) [2022] SCSC

Before: G. Dodin

Heard: 08 April 2022

Delivered: 08 April 2022

ORDER

 

______________________________________________________________________________

Dodin J

  1. On the application of the 1st accused Mohammed Goolam and the 2nd accused Danielito Malbrook, I am satisfied that both accused being of the Muslim faith and during the period of Ramadan need to attend daily prayers at their Mosque from 6pm to 9pm.

  2. Consequently, the bail condition contained in paragraph [18] condition 7,is varied to grant the 1st and 2nd accused permission to be with other persons outside their respective households by attending daily prayers at their Mosque up to the time of 10pm during Ramadan or for other religious reasons where their presence is so required.

  3. For avoidance of doubt, Paragraph [18] condition 7 of the bail conditions does not prevent any of the accused persons in this case from transiting peacefully from work to home or from a place where the accused was lawfully present to his home, or transiting peacefully alone or in the company of one or more persons to attend to unforeseen emergency or occurrences where the attendance of the accused is necessary during the period of 8pm to 6am.

  4. A copy of this order to be served on the Commissioner of Police and to the Mont Fleuri Police Station.

Signed, dated and delivered at Ile du Port on 08 April 2022.


 


 

____________

G. Dodin

Judge


 

2

 

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