Republic v Simeon (42 of 2007) [2008] SCSC 86 (28 May 2008);

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IN THE SUPREME COURT OF SEYCHELLES

 

THE REPUBLIC

VS.

KETRINA JUBEDA SIMEON (Accused)

 

Criminal Side No. 42 of 2007

 

 

Mr. Esparon standing in for Mr. Govinden for the Republic

Mr. Hoareau for the Accused

 

ORDER

 

Gaswaga, J

 

The accused who is being remanded in this case has complained, through her counsel, that for the past ten days she has been kept together with inmates who have already been convicted and therefore serving their sentences. Since I have not heard the other side of the said allegation from the Superintendent of Prisons the Court cannot pronounce itself on the same.

 

This is therefore to call for a report regarding the allegation.

 

I shall however, in line hereof find it imperative to re-state the provisions of Article 18(11) of our Constitution, in extenso:

 

18(11) A person who has not been convicted of an offence, if kept or confined in a prison or place of detention, shall not be treated as a convicted person and shall be kept away from any convicted person.”

 

I so order.

 

D. GASWAGA

JUDGE

Dated this 29th day of May, 2008.

 

CC: Commissioner of Police

CC: Superintendent of Prisons