R v Hertel (CO 11 of 2025) [2025] SCSC 63 (10 April 2025)

R v Hertel (CO 11 of 2025) [2025] SCSC 63 (10 April 2025)

SUPREME COURT OF SEYCHELLES


 

Reportable

[2025]

CO 11/2025

 

 

In the matter between:

THE REPUBLIC Prosecution

(Represented by Mr. Adam Afif)

 

versus

 

NICO HERTEL Accused

(Represented by Mr. Basil Hoareau)

Neutral Citation: Republic v/s Hertel (CO11/2025) [2025] 10th April 2025

Before: Adeline j

Summary: Remand in Police custody in remand facility.

Heard: 10th April 2025

Delivered: 10th April 2025

ORDER

______________________________________________________________________________

B. Adeline, J

  1. Remandees such as Nico, Terry, Hertel who is being detained by the Police on an order of this court, should not be kept together with convicts because they are entitled to enjoy different constitutional rights.

  2. A remandee is innocent until he pleads guilty to a charge against him, or is found guilty to a charge against him, and is thereafter convicted and sentenced. If given a custodial sentence, he then becomes a prisoner/inmate in a prison who as a consequence loses some of the rights he enjoyed previously.

  3. In the circumstances, this court makes an order for the Commissioner of Police to do the needful for Mr. Nico Terry Hertel to be remanded at any place designated as a remand centre, away from convicts.


 

Signed, dated and delivered at Ile du Port 10th April 2025.


 


 

________________

Adeline J


 

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