Anti-Corruption Commission (Exp 2/2021) [2021] SCSC 1055 (19 November 2021)

Anti-Corruption Commission (Exp 2/2021) [2021] SCSC 1055 (19 November 2021)

The ACCS does not require leave of court to prosecute under its own statutory powers, but court permission is granted for the appointment of Mr Anthony Juliette as advocate under Section 66(3) of the Criminal Procedure Code.

Citation
[2021] SCSC 1055
Parties
Applicant: Anti-Corruption Commission Seychelles; Suspect: Mukesh Valabhji; Suspect: Laura Valabhji (ne Laura Alcindor)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 November 2021
Case Number
Exp 2/2021
Procedural Posture
Ex Parte Application / Ruling on Application for Leave to Prosecute
Outcome
permission granted for appointment of advocate; prosecution may proceed under statutory powers
Legal Topics
Prosecution Powers, Money Laundering, Private Prosecution, Role of Attorney General
Source Language
English
Criminal Law Constitutional Law Anti Corruption Prosecution Powers Money Laundering Private Prosecution Role of Attorney General

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 3 Party arguments 2
Sign in to unlock

Parties

Anti-Corruption Commission Seychelles

Applicant

Mukesh Valabhji

Suspect

Laura Valabhji (ne Laura Alcindor)

Suspect

Procedural Posture

Ex Parte Application / Ruling on Application for Leave to Prosecute

Legal Issues

  1. 1 Whether the Anti-Corruption Commission Seychelles requires leave of court to prosecute under Section 66(1) of the Criminal Procedure Code
  2. 2 Whether the ACCS has independent prosecutorial powers under the Anti-Corruption Commission Act and the Constitution
  3. 3 Appointment of advocate to prosecute on behalf of ACCS

Ratio Decidendi

The ACCS does not require leave of court to prosecute under its own statutory powers, but court permission is granted for the appointment of Mr Anthony Juliette as advocate under Section 66(3) of the Criminal Procedure Code.

Court Disposition

permission granted for appointment of advocate; prosecution may proceed under statutory powers

Orders

  • Registrar to serve the 101 Remand Application on the suspects
  • Application to be mentioned before the court at 11am