R v Payet & Anor (FH 18 of 2025) [2025] SCSC 86 (13 June 2025)

D. ESPARON, J

1. The 1^st Suspect Chrislee Payet and 2^nd suspect Trevor Payet are now before the Court. There is an application for remand of the suspects under 101 of the Criminal Procedure Code with allegations of aggravated trafficking in person, conspiracy to import a controlled drug. This case follows from another case that the matter was heard in an application for 101 before this Court of which one Jonathan Paget together with Asad Ali was remanded by this Court.

2. The allegations are that they were recruiting an individual namely known as Jude Jules in order to send him as a guarantor for drugs to Iran on alleged pretext that he was going to work over there whereby an advanced payment of Rs50,000/- was to be given to him.

[3] Now, according to the affidavit in support sworn by Tania Solin, the two suspects mentioned as Jonathan Payet and Asad Ali were intercepted by the Police together with the alleged victim JJ and of which JJ, the alleged victim confirmed the whole allegations to the Police that it was true. In fact, he was the one who called the Police to inform them that he needed help because this was happening.

[4] Now the most important paragraph of the affidavit filed by the Police, it is paragraph M showing the alleged involvement of both suspects in the case is that the digital extraction of the phone of Jonathan Payet, allegedly showed that suspect number 1 Chrislee Payet in Jonathan Payet planning and organising for the importation of controlled drugs from Iran into Seychelles. Since the exchange of phone numbers which belong to an Iranian named Mansour and that the drugs were suspected to be imported by sea into the country of which the said controlled drug was identified as ‘chalas’.

[5] As per the phone conversation as per the records, it gradually revealed that suspect Chrislee Payet was in communication regarding hired craft vessel HC2078 named Princess and suspect number 1 allegedly was responsible for making the arrangement with another suspect from Praslin to rent the vessel for picking up the drugs consignment. According to the deponent, this vessel was intended not only for transporting the victim JJ, but it was also to collect the drugs from the Iranian dhow. Furthermore, the deponent avers that the conversation shows that suspect number 1, Chrislee Payet was organising funds amounting to Rs25, 000/- to refuel the vessel Princess.

[6] The last whats App exchange between the suspect number 1 Chrislee Payette and Trevor Payet was on the 11^th June 2025 7:30PM. In this conversation, they discussed the difficulties in locating the victim JJ, as well as a previous agreement on how much money they intended to send to Dubai via Western Union.

[7] The allegation is that this showed that suspect number 1 Chrislee Payet arranged for husband suspect number 2 Trevor Payet to pick up vessel HC2078 named Princess from another suspect in Praslin. Suspect number 1 Chrislee Payet clearly specified that the vessel's requirements is that it should not contain tracking devices.

[8] It is averred that the evidence revealed that the suspect number 2 Trevor Payet was responsible for recruiting a skipper who is currently being tracked by the Police to facilitate the movement of HC2078 vessel known as Princess from Praslin, Mahe. They covered the skipper's fare from Mahe to Praslin. Suspect number 2 Trevor Payet left Mahe with the skipper, which is by HC2078 Princess from Praslin and the two travel back to Mahe on the vessel. The connection between the two suspects clearly demonstrate the awareness, involvement in the transportation and facilitation of the importation of the controlled drugs. The investigation led the police to seize HC2078 named Princess, which was anchored at Quincy. It was found in the same vicinity where JJ was found and the police obviously seized the said vessel, the suspects were arrested and allegedly read their rights of which they exercised their right to remain silent.

[9] Now the grounds of which the Republic is seeking to remand the suspects are as follows; that these offences are serious in nature since the high sentences of which the suspects are facing in the event of conviction. For the victim’s on protection, since he was allegedly traumatize and of course to prevent any interference with the said victim and also that there may be flight risk in respect to both suspect in view that they have contacts with persons outside the jurisdiction of Seychelles. The other grounds that I can gathered from the affidavit is that there are reasonable grounds to believe that the suspects will interfere with the investigation and witnesses especially the complainants and also that there are other suspects to be arrested not to mention also that this is a very complex matter involving an international investigation. Since this offence involves an international criminal network.

[10] First and foremost, I'd like to reiterate that here in this country, a Suspect is presumed to be innocent until pleaded or proven guilty. It's a cardinal principle of our criminal law and of our Constitution that it is only in exceptional circumstances that Suspects should be remanded into custody. This Court also bears in mind that counsel for the 2^nd suspect is not objecting to remand the 2^nd Suspect but only objecting to the first Suspect to be remanded since the 1^st Suspect according to counsel is five months pregnant. I have considered the submissions of counsel for the Republic and also counsel for the defence and as his concern is about the state of health of the 1^st Suspect which any Judge would have compassion for, however I find that this offence is one of serious in nature. Both offences namely the offence of trafficking in persons carries maximum sentence of 25 years imprisonment in the event of conviction. Additionally, the offence of conspiracy to import a controlled drug carries a maximum sentence of life imprisonment with a fine of one SCR1 million. Hence, I find that this offence is serious in nature.

[11] Bearing in mind that seriousness of the offence is not a ground standing on its own, I further find that there are reasonable grounds that both suspects may interfere with the investigation since there are other suspects to be arrested. They are at large and also there are operations being conducted by our authorities other law enforcement agencies at present, the Prosecution has submitted that is reasonable ground that they may interfere with the investigation hence with the interference of the administration of justice and I believe that such risk to be very high.. I also find that the alleged victim known as JJ is a vulnerable witness since he was going to be sent to Iran as a guarantor for drugs and he will therefore obviously be known to the 1^st suspect, and the 2^nd suspect since there were conversations in respect to the difficulty of locating the said JJ, the alleged victim in the matter. I find that there are reasonable grounds to believe that if both suspects are released there are reasonable grounds to believe that the suspects may interfere with the said witness the complainant which is known as JJ.

[12] I also bear in mind that the case is a very complex one involving an international investigation with law enforcement agencies internationally and in Seychelles and it also involves an international criminal network of which there is a need for the police to continue with its investigation. In this regard, I know that at present since there is a high risk to the administration of justice since there reasonable grounds to believe that the suspects may interfere with the investigation since there are other suspects at large and the incident has just happened .I sympathise with the condition of the 1^st suspect but with all the compassion I have as a human being, I find that there are too much risk to the administration of justice to release the suspects on bail in this matter at present. As a result for the purpose of the investigation, I shall remand both suspect, Chrislee Payet and Trevor Payet in custody for a period of 14 days.

[13] The Court will also order the police to make sure that Ms. Payet does have a mattress. It is very important for her condition and also that she is well taken care of her needs since according counsel without producing a medical record that she is allegedly 5 months pregnant .As a result, I order that the Commissioner of Police and the Superintendent of Prison to make sure that while the 1^st Suspect is in custody, the first suspect be allowed to have meals brought to her once a day by one of her family and also her vitamin supplements before 6pm everyday subject to security checks. I order that the 1^st and 2^nd suspect get sunlight for 1 hour per day.

Signed, dated and delivered at Ile du Port on 13^th June 2025.

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D. Esparon J.