R v Marie & Ors (CO 47/2015) [2017] SCSC 148 (16 February 2017);

IN THE SUPREME COURT OF SEYCHELLES

CriminalSide: 47/2015

[2017] SCSC148

 

 

THE REPUBLIC

 

versus

 

DENIS MARIE

 

BRIAN MARIE

Second Accused

 

MICHAEL JOUBERT

Third Accused

 

NAGARAJAN CHETTY

Fourth Accused

 

JEAN-LUC MOUMOU

Fifth Accused

 

 

 

 

Heard:      16 February 2017

Counsel:Mr Andy Asba for the Republic

            Mrs Alexia Amesbury for the 1st Accused

            Mr Nichol Gabriel for the 2nd and 5th Accused

            Miss Lucy Pool for the 3rd Accused

            Mr Clifford Andre for the 4th Accused

Delivered:   16 February 2017

 

ORDER

McKee J

 

  1. On the application of the Prosecution the sole charge of Robbery was WITHDRAWN in respect of all five Accused.
  2. ACCORDINGLY: All five Accused are DISCHARGED in terms of section 65[a] of the Criminal Procedure Code.
  3. The Fifth Accused is returned to custody at Montagne Posee Prison to serve a sentence.
  4. IN RESPECT OF each of the First, Second, Third and Fourth Accused it is now right and proper that they be released from their Bail conditions.
  5. The Registrar of the Supreme Court shall release and return all cash bail deposited with the Registry of the Supreme Court to each respective Accused. Likewise, Bail Bonds signed to ensure attendance will be revoked.
  6. The Registrar of the Supreme Court shall release and return passports held in security to respective Accused.
  7. The Order that the Accused shall not travel out with Seychelles shall be revoked and the Director of Immigration and the Immigration Authorities at all places of departure shall be advised accordingly. Notice shall be served on the respective immigration officials to this effect.
  8. The Order that the First Accused shall not be issued with a passport is hereby revoked and Notice to be issued to the Director of Immigration to this effect.
  9. The Officer Commanding Victoria, Police Station shall be advised that the reporting conditions in respect of the First, Second and Third Accused shall be revoked. Notice to this effect to be served on the said Officer Commanding Central Police Station. Likewise the Officer Commanding Baie Lazare Police Station to be advised that reporting conditions in respect of the Fourth Accused, NagaraJan Chetty are hereby revoked.
  10. All accused shall be free now to enter the Barrel Discotheque in Victoria.
  11. A copy of this Order to be served on the Registrar of the Supreme Court and the Attorney General [marked for the attention of Counsel, Mr Asba].

 

Signed, dated and delivered at Ile du Port on 16 February 2017

 

C McKee

Judge of the Supreme Court