Anti-Corruption Commission v Valabhji & Anor (CO 114 of 2021) [2023] SCSC 430 (10 February 2023)
The accused cannot delay the trial to pursue disbursement of funds from restricted sources when other funds are available and the law regarding disbursement has not been complied with.
- Citation
- [2023] SCSC 430
- Parties
- Accused: 1st Accused; Respondent: ACCS
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 10 February 2023
- Case Number
- CO 114 of 2021
- Procedural Posture
- Criminal / Ruling on Application for Variation of Account Restrictions
- Outcome
- Application for delay or access to restricted funds denied; trial to proceed as scheduled.
- Legal Topics
- Variation of Account Restrictions, Right to Legal Representation, Reasonable Time for Trial
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
1st Accused
Accused
ACCS
Respondent
Procedural Posture
Criminal / Ruling on Application for Variation of Account Restrictions
Legal Issues
- 1 Whether the 1st accused can access restricted funds to pay for legal representation
- 2 Whether the trial should be delayed pending disbursement of funds
Ratio Decidendi
The accused cannot delay the trial to pursue disbursement of funds from restricted sources when other funds are available and the law regarding disbursement has not been complied with.
Court Disposition
Application for delay or access to restricted funds denied; trial to proceed as scheduled.
Orders
- Case to proceed to trial as fixed in May and April.
- Accused may choose legal representation and settle bills from available funds in accordance with the law.
Full Case Text
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