All courts - 2021 September

The Petitioner’s affidavit is inadmissible in Seychelles Courts. An affidavit from a State that is not a party to the Convention Abolishing the requirements of Legislation for Foreign Public Documents, otherwise known as the “Apostille Convention” will only be admissible in Seychelles, if it is authenticated in terms of section 28 of the Evidence Act. The law of Evidence in England is not applicable in Seychelles since the Evidence Act in place in Seychelles governs the admissibility of foreign affidavits and how these should be authenticated.

ORDER

1. The 1^st to 3^rd convicts are each sentenced to 20 years imprisonment each under count 1, together with a fine of Rs 300, 000 to be paid by each convicts within 14 days of this sentence in default of the payments of their fines they shall serve a further 5 years imprisonment which shall be concurrent to the 20 years imprisonment.
2. The 1^st to 3^rd convicts are each sentenced to 30 years imprisonment under count 3, together with a fine of Rs 500,000 to be paid by each convicts within 14 days of this sentence, in default of the payments of their fines they shall each serve an additional 5 years imprisonment which shall run concurrently to the 30 years imprisonment.
3. On count 4, the court imposes 20 years of imprisonment on the 1^st convict, together with a fine of Rs 500, 000 to be paid within 14 days of this sentence, in default of the payments of the fine he shall serve an additional term of 5 years of imprisonment which shall run concurrently to the 20 years. The court imposes 18 years of imprisonment on the 2nd convict, together with a fine of Rs 300, 000 to be paid within 14 days of this sentence, in default of the payments of the fine he shall each serve an additional term of 5 years of imprisonment which shall run concurrently to the 18 years. The court imposes 15 years of imprisonment on the 3rd convict, together with a fine of Rs 200, 000 to be paid within 14 days of this sentence, in default of the payments of the fine he shall each serve an additional term of 5 years of imprisonment which shall run concurrently to the 15 years.
4. The terms of imprisonments imposed under count 1; 3 and 4 shall run concurrently with one another.
5. The Victim of the human trafficking offence, Andy Bistoquet shall be compensated with Rs 500.000 out of any portions of the fines to be paid by the convicts.
6. The court orders that the “corpus delicti” of the offence, the “flying fish”( together with its gears and equipment), being a vessel belonging to the 3^rd convict  be forfeited to the Republic, the vessel shall be used by the Marine Police or Seychelles Coast Guard in their official duties, any transfer to a 3rd party shall require the express authorisation of this court.
7. The court issues travel restrictions order under section 50 of the Act and prohibits the 3 convicts from leaving Seychelles at any time in the period of two years beginning from the date of their release from imprisonment. Their passport shall accordingly be kept by the Registrar of the Supreme Court and shall be handed over to the convicts after two years from their released from prison. The dates of their release shall be notified to the Registrar by the Superintendent of Prison. No new Passports or Travelling documents should shall be issued to them between now and in the period of two years from their released
8. Time spent on remand to count towards sentence.