The Government of Seychelles v Aux Cayes Fin Tech Co Ltd (MC 63/2024) [2024] SCSC 166 (8 November 2024)

N. BURIAN, MASTER

Background facts:

1. By notice of motion dated 15th October 2024, the Government of Seychelles represented by State Counsel Mrs Nissa Thompson, filed a notice of motion MC 63/2024 seeking a Disposal Order under Section 5 of the Proceeds of Crime (Civil Confiscation) Act, 2008 as amended (POCA) in respect of the specified property in MA 38/2023 arising in XP 02/2023 to the value of USD 95,188.68/-.
2. It is clear on perusal of the attached Interlocutory Order given by the Court dated 23^rd June 2023 that the said Interlocutory Order was given in respect the specified property set out in the Table to the notice of motion in respect of crypto currency.  It is also evident that this current application before Court is for a Disposal Order in respect of the same specified property.
3. Notice of the Disposal Order application was served on the Respondent on the 18^th October 2024 and they have chosen not to make any challenge to the application.

Analysis

4. I have considered the facts set out in the application and affidavit of Inspector Sean Nanty attached to the notice of motion. It is stated in the said application and affidavit filed that an Interlocutory Order under Section 4 of the POCA was given by this Court on 23^rd June 2023 and has been in force for not less than 12 months in relation to the said specified property in the notice of motion and further there has been no appeal from the said Interlocutory Order.
5. It is stated that Sergeant Hamzah Majah, the receiver appointed by the Interlocutory Order is out of the jurisdiction on study leave and will not be returning until mid-2025 as such the action for final disposal has been taken over by Inspector Nanty.
6. It is further stated that there is no pending application under Section 4 (3) of the POCA before any Court on behalf of the Respondent or any other person in respect of the said property. I accept the affidavit evidence placed before this Court which remains unchallenged and is supported by the annexed document being the Interlocutory Order dated 23^rd June 2023.

Conclusion:

7. I am satisfied on perusal of the said affidavit evidence and documents annexed to the application that an Interlocutory Order has been given in respect of the said property on the 23^rd June 2023 and that pursuant to Section 5 (1) of the POCA, the said order has been in force since then for over a period of 12 months. I further satisfied in terms of Section 5 (1) of the POCA that no appeal has been filed by the Respondent or any person on their behalf from the said Interlocutory Order or any other Order. This Court, having considered all the salient facts before it, is satisfied that no injustice will be caused to any person in terms of Section 5 (10) of the said Act, if the Disposal Order be given.
8. I therefore will proceed to issue a Disposal Order in terms of Section 5 (1) of the POCA, directing that the specified property being 4 BITCOIN (BTC) totalling USD 95,188.68 be unconditionally transferred to the Republic. I make further order that such transfer shall confer absolute title to the Republic free from any claim of any interest therein.
9. A copy of this Order to be served on the Respondent.

Signed, dated and delivered at Ile du Port on 8^th November 2024

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N. BURIAN

Master of the Supreme Court