Anti-Money Laundering v Walter Dailoo & Or (MC 04/2023) [2023] SCSC 809 (19 October 2023)

SUPREME COURT OF SEYCHELLES

Reportable

MC04/2023

In the matter between:

ANTI MONEY LAUNDERING Applicant

(rep. by Mr Barry Galinoma)

And

WALTER DAILOO 1^st Respondent

(absent/unrepresented)

ANDRINA LABROSSE 2^nd Respondent

(absent/unrepresented)

Neutral Citation: Anti-Money Laundering v Walter Dailoo & Or (19 October 2023)

Before: Esparon J

Summary: Continued detention of cash seized

Heard: 19 October 2023

Delivered: 19 October 2023

ORDER

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ESPARON J,

1. This is an application under Section 74(3) of the AML/CFT Act seeking an order of the Court authorising the continued detention of the cash seized as per the exchange rate as per October 5^th 2023 in the total sum of Seychelles Rupees Four Hundred and Sixty-Five Thousand, Three Hundred and Sixty-Six (SCR465,366/-) as particularised in the table of content, which was seized from the Respondents on the 5^th October 2023, pursuant to Section 74(2) of the said AML/CFT Act for a period not exceeding 60 days.

2. However, I note that the Respondents have not been served and this Court shall make an interim order in respect to this application.

3. Ex-facie the affidavit, this Court is satisfied that there are reasonable grounds for suspecting that the said cash seized USD: 32,100, Euro: 50, Dirham 275, amounting to SCR465,366/- as per the exchange rate; USD:14.44 and Euro:15.17 and AED:3.94 which is believed to represent proceeds of crime or is intended to be used in connection with criminal conduct, namely money laundering

4. Since this Court is satisfied of the above, I will grant the said interim order for the continued detention of the said cash, that is which is amounting to Seychelles Rupees Four Hundred and Sixty-Five Thousand, Three Hundred and Sixty-Six (SCR465,366/-) as particularised in the table attached as per the said exchange rates and this order shall lapse on the 25^th October 2023 at 9am.

5. I accordingly order the Registrar of the Supreme Court to serve a copy of this interim order and a copy of the notice of motion and affidavit dated the 18^th October 2023 on the Respondents, that is Walter Dailoo of Pointe Larue, Mahe and Andrina Labrosse of Pointe Larue, Mahe and to issue a notice to the said Respondents to appear before this Court on the 25^th October 2023 at 9am.

Signed, dated and delivered at Ile du Port on the 19^th October 2023

____________

Esparon J