Republic vs Viraf Udwadia (580) [2021] SCSC 580 (21 July 2021)

Republic vs Viraf Udwadia (580) [2021] SCSC 580 (21 July 2021)

The court found that the alleged change in circumstances, namely the deteriorating state of the accused's properties, does not amount to a material change warranting release on bail. The court further found the accused to be a flight risk based on previous findings, his evasive testimony regarding means of absconding, and the nature of his business operations and assets. The imposition of bail conditions would not sufficiently mitigate the risk of absconding or re-offending.

Citation
[2021] SCSC 580
Parties
Accused: [Name Redacted]; Prosecution: Republic
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 July 2021
Case Number
580
Procedural Posture
Criminal / Bail Application Ruling
Outcome
Application for bail dismissed; accused remanded in custody.
Legal Topics
Bail, Remand, Presumption of Innocence, Change of Circumstances, Flight Risk
Source Language
English
Criminal Law Constitutional Law Bail Remand Presumption of Innocence Change of Circumstances Flight Risk

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 13 Party arguments 2
Sign in to unlock

Parties

[Name Redacted]

Accused

Republic

Prosecution

Procedural Posture

Criminal / Bail Application Ruling

Legal Issues

  1. 1 Whether there has been a change in circumstances warranting release on bail
  2. 2 Whether the accused is a flight risk
  3. 3 Whether the accused should be released on bail subject to conditions

Ratio Decidendi

The court found that the alleged change in circumstances, namely the deteriorating state of the accused's properties, does not amount to a material change warranting release on bail. The court further found the accused to be a flight risk based on previous findings, his evasive testimony regarding means of absconding, and the nature of his business operations and assets. The imposition of bail conditions would not sufficiently mitigate the risk of absconding or re-offending.

Court Disposition

Application for bail dismissed; accused remanded in custody.

Orders

  • Application for bail is dismissed.
  • Accused to remain in custody.