Ex parte The Attorney General (XP 5 of 2023) [2023] SCSC 192 (10 March 2023)
The affidavit evidence establishes reasonable belief that Alberto Antat and Rodney Payet are dead, but their deaths cannot be formally proved or registered; thus, the statutory requirements for ordering an inquiry are satisfied.
- Citation
- [2023] SCSC 192
- Parties
- Applicant: Applicant; Subject of Inquiry: Alberto Antat; Subject of Inquiry: Rodney Payet
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Judgment Date
- 10 March 2023
- Case Number
- XP 5 of 2023
- Procedural Posture
- Petition Under Presumption of Death Act / Ruling on Application for Inquiry
- Outcome
- Application allowed
- Legal Topics
- Presumption of Death, Missing Persons, Judicial Inquiry
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Applicant
Applicant
Alberto Antat
Subject of Inquiry
Rodney Payet
Subject of Inquiry
Procedural Posture
Petition Under Presumption of Death Act / Ruling on Application for Inquiry
Legal Issues
- 1 Whether sufficient grounds exist to order an inquiry into the presumed deaths of Alberto Antat and Rodney Payet
Ratio Decidendi
The affidavit evidence establishes reasonable belief that Alberto Antat and Rodney Payet are dead, but their deaths cannot be formally proved or registered; thus, the statutory requirements for ordering an inquiry are satisfied.
Court Disposition
Application allowed
Orders
- A Magistrate (approved by the Minister) is ordered to hold a public inquiry into the circumstances under which Alberto Antat and Rodney Payet disappeared.
- The Magistrate is directed to summon the Commissioner of Police and any other relevant witnesses to produce evidence.
Full Case Text
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