In the matter of an application by the Financial Intelligence Unit (MA 10/2014) [2014] SCSC 12 (20 January 2014)

IN THE SUPREME COURT OF SEYCHELLES

Civil Side: MA 10/2014

(arising in 35/2013)

[2014] SCSC 12

IN THE MATTER OF AN APPLICATION

BY THE FINANCIAL INTELLIGENCE UNIT

Applicant

Heard: 20 January 2014

Counsel: Mr. Esparon for

Delivered: 20 January 2014

ON APPLICATION

1. This is an ex-parte application made by the Financial Intelligence Unit seeking an order under Section 10 (7) of the Anti-Money Laundering Act 2006 for the extension of the direction issued on the 25^th of January 2013, the 1^st February 2013 and on the 15^th February 2013 under Section 10 (4) of the said Act. These extensions were made for a period of 180 days. Subsequently the Court upon an application made by the FIU for further extension, on the 19^th of July 2013 extended the period for a further term of 180 days. Now the FIU has applied to this Court to make further extension of the said period for 180 days with effect from today, that is the 20^th of January 2014.

2. On the strength of the affidavit filed in support of this application shown by Mr. Liam Hogan, the Deputy Director of the FIU I am satisfied of the following facts:-

1. that there are reasonable grounds to suspect that the property represents the proceeds of criminal conduct including an offence of money laundering or may be related to money or property that is or represents the benefit from criminal conduct;

2. there are reasonable grounds to suspect that the service would constitute or assist in the commission of criminal conduct including an offence of money laundering; and

3. an investigation by FIU is still in progress.

3. In the circumstances, I find it just and necessary that the request made by FIU should be acceded to. Therefore, pursuant to Section 10 (7) of the Anti-Money Laundering Act 2006 I hereby make an order extending the previous order made by the Court on the 19^th of July 2013 as follows:-

1. the direction issued on the 25^th January 2013 in relation to the accounts in the name of Marcela Martinez namely USD account no: 300000009753 and Euro account no: 300000009761 for a further period of 180 days beginning from today that is the 20^th January 2014;

2. the direction issued on the 1^st February 2013 in relation to the account in the name of Ciro Hernandez namely USD account no: 300000005987 for a further period of 180 days beginning from today the 20^th of January 2014; and

3. the direction issued on the 15^th February 2013 in relation to the account in the name of Sebastian Elichiry for a further period of 180 days beginning from today that is the 20^th of January 2014.

4. The application is granted accordingly, and also I award cost in favour of the applicant.

5. The file is closed.

Signed, dated and delivered at Ile du Port on 20 January 2014

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