Anti-Corruption Commission vs Benoiton (FH 51/2021) [2021] SCSC 1059 (22 November 2021)

Anti-Corruption Commission vs Benoiton (FH 51/2021) [2021] SCSC 1059 (22 November 2021)

There was an anti-money laundering law in force at the time of the alleged offence in 2004; the applicant established a prima facie case for further detention based on the seriousness of the allegations, risk of interference with investigations, and flight risk, which cannot be mitigated by bail conditions at this stage.

Citation
[2021] SCSC 1059
Parties
Applicant: Anti Corruption Commission; Respondent: Andre Leslie Benoiton
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 November 2021
Case Number
FH 51/2021
Procedural Posture
Criminal / Application for Further Holding/remand of Suspect
Outcome
suspect remanded in custody
Legal Topics
Money Laundering, Remand of Suspect, Bail, Retroactivity of Penal Laws
Source Language
English
Criminal Law Constitutional Law Money Laundering Remand of Suspect Bail Retroactivity of Penal Laws

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 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Anti Corruption Commission

Applicant

Andre Leslie Benoiton

Respondent

Procedural Posture

Criminal / Application for Further Holding/remand of Suspect

Legal Issues

  1. 1 Whether the suspect should be further detained pending investigations for money laundering and related offences
  2. 2 Whether the alleged offence is subject to retroactive penal law application
  3. 3 Whether bail conditions can mitigate flight risk and interference with investigations

Ratio Decidendi

There was an anti-money laundering law in force at the time of the alleged offence in 2004; the applicant established a prima facie case for further detention based on the seriousness of the allegations, risk of interference with investigations, and flight risk, which cannot be mitigated by bail conditions at this stage.

Court Disposition

suspect remanded in custody

Orders

  • Suspect to be remanded in custody until 3rd December 2021 at 2 pm, when he will be brought to court.