Anti-Money Laundering v Walter Dailoo & Or (MC 04/2023) [2023] SCSC 809 (19 October 2023)

The Court found reasonable grounds to suspect the seized cash is linked to money laundering and granted an interim order for its continued detention until the specified date.

Source-derived case information.

Citation: [2023] SCSC 809
Parties: Applicant: ANTI MONEY LAUNDERING; 1st Respondent: WALTER DAILOO; 2nd Respondent: ANDRINA LABROSSE
Court: Supreme Court
Jurisdiction: Seychelles
Case Number: MC 04/2023
Procedural Posture: Application Under Aml/cft Act Section 74(3) / Interim Order on Continued Detention of Seized Cash
Outcome: Interim order granted for continued detention of seized cash
Legal Topics: Money Laundering, Asset Forfeiture, Interim Orders
Source Language: en

Criminal Law Financial Crimes Money Laundering Asset Forfeiture Interim Orders

Source-derived case record

Summary, issues, holding and outcome

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Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 4

Parties

ANTI MONEY LAUNDERING

Applicant

WALTER DAILOO

1st Respondent

ANDRINA LABROSSE

2nd Respondent

Procedural Posture

Application Under Aml/cft Act Section 74(3) / Interim Order on Continued Detention of Seized Cash

Legal Issues

1 Whether there are reasonable grounds to suspect the seized cash represents proceeds of crime or is intended for money laundering
2 Whether an interim order for continued detention of the cash should be granted

Ratio Decidendi

The Court found reasonable grounds to suspect the seized cash is linked to money laundering and granted an interim order for its continued detention until the specified date.

Court Disposition

Interim order granted for continued detention of seized cash

Orders

Continued detention of SCR465,366/- until 25th October 2023 at 9am
Registrar to serve interim order, notice of motion, and affidavit on Respondents

Full Case Text

Judgment text and source record

1 paragraphs

contents of #navigation-content will be placed in [data-offcanvas-body] for tablet/mobile screensize and #navigation-column for desktop screensize. Skip to document content Table of contents Search null SUPREME COURT OF SEYCHELLES Reportable MC04/2023 In the matter between: ANTI MONEY LAUNDERING Applicant (rep. by Mr Barry Galinoma) And WALTER DAILOO 1st Respondent (absent/unrepresented) ANDRINA LABROSSE 2nd Respondent (absent/unrepresented) Neutral Citation: Anti-Money Laundering v Walter Dailoo & Or (19 October 2023) Before: Esparon J Summary: Continued detention of cash seized Heard: 19 October 2023 Delivered: 19 October 2023 ORDER ESPARON J, This is an application under Section 74(3) of the AML/CFT Act seeking an order of the Court authorising the continued detention of the cash seized as per the exchange rate as per October 5th 2023 in the total sum of Seychelles Rupees Four Hundred and Sixty-Five Thousand, Three Hundred and Sixty-Six (SCR465,366/-) as particularised in the table of content, which was seized from the Respondents on the 5th October 2023, pursuant to Section 74(2) of the said AML/CFT Act for a period not exceeding 60 days. However, I note that the Respondents have not been served and this Court shall make an interim order in respect to this application. Ex-facie the affidavit, this Court is satisfied that there are reasonable grounds for suspecting that the said cash seized USD: 32,100, Euro: 50, Dirham 275, amounting to SCR465,366/- as per the exchange rate; USD:14.44 and Euro:15.17 and AED:3.94 which is believed to represent proceeds of crime or is intended to be used in connection with criminal conduct, namely money laundering Since this Court is satisfied of the above, I will grant the said interim order for the continued detention of the said cash, that is which is amounting to Seychelles Rupees Four Hundred and Sixty-Five Thousand, Three Hundred and Sixty-Six (SCR465,366/-) as particularised in the table attached as per the said exchange rates and this order shall lapse on the 25th October 2023 at 9am. I accordingly order the Registrar of the Supreme Court to serve a copy of this interim order and a copy of the notice of motion and affidavit dated the 18th October 2023 on the Respondents, that is Walter Dailoo of Pointe Larue, Mahe and Andrina Labrosse of Pointe Larue, Mahe and to issue a notice to the said Respondents to appear before this Court on the 25th October 2023 at 9am. Signed, dated and delivered at Ile du Port on the 19th October 2023 ____________ Esparon J 2

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