Anti-Corruption Commission v Valabhji & Anor (CO 114 of 2021) [2023] SCSC 430 (10 February 2023)


  1. In the Ruling I delivered in the case C04/22 on the 30th of November 2022 I advised the 1st accused to initiate the procedure found under Section 60(6) of the Anti-Corruption Act which provides for variation of any restrictions imposed by the ACCS on any of the accounts of the Applicant.  I order him to file such applications before the Supreme Court within the next 14 days. 
  2. The 1st accused lodged his application and the court heard his case and that of the ACCS in Supreme Court MC 82 of 2022, of which a Ruling has been delivered. As such I find that the issue has been fully addressed in a legal manner.
  3. At this juncture I find that I  have to balance the rights and interest of all the parties in this case and  having done so I am of the view that the rights of all accused to be tried within a reasonable time in a criminal trial cannot be allowed to be hindered by  accused no 1  pursuit of disbursement of monies from specific sources to fund counsels of his own choice when there are other sources of funds at their disposal and when they are not willing to comply with the law with regards to disbursement of funds from the same sources, as I have found in the said Ruling.
  4. Accordingly, this case shall proceed to trial as fixed in May and April this year. The accused is free to elect any legal representations that he wish and to settle his bills and or invoices from any funds that he has in accordance to law.

 

 

Signed, dated and delivered at Ile du Port on 10th February 2023

 

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Govinden CJ

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