Brioche & Ors v Attorney-general & Anor (CP 6 of 2013) [2013] SCCC 2 (22 October 2013)

Brioche & Ors v Attorney-general & Anor (CP 6 of 2013) [2013] SCCC 2 (22 October 2013)

The petition was dismissed because the petitioners failed to provide sufficient factual material to establish a prima facie violation of their constitutional rights to a fair trial or equal protection of the law. The Attorney-General's decision to enter a nolle prosequi is amenable to judicial review only in exceptional circumstances, none of which were established in this case. Mere dissatisfaction with prosecutorial discretion or the outcome of a plea bargain does not amount to a constitutional violation.

Citation
[2013] SCCC 2
Parties
Petitioner: Brioche; Petitioner: Second Petitioner; Petitioner: Fourth Petitioner; Petitioner: Seventh Petitioner; Petitioner: Eighth Petitioner; Respondent: Attorney-General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
22 October 2013
Case Number
CP 6 of 2013
Procedural Posture
Constitutional Petition / Preliminary Objection Ruling
Outcome
Petition dismissed as frivolous and vexatious.
Legal Topics
Nolle Prosequi, Prosecutorial Discretion, Right to Fair Trial, Equal Protection of the Law, Judicial Review of Prosecutorial Decisions
Source Language
English
Constitutional Law Criminal Law Judicial Review Nolle Prosequi Prosecutorial Discretion Right to Fair Trial Equal Protection of the Law Judicial Review of Prosecutorial Decisions

Case Brief

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Parties

Brioche

Petitioner

Second Petitioner

Petitioner

Fourth Petitioner

Petitioner

Seventh Petitioner

Petitioner

Eighth Petitioner

Petitioner

Attorney-General

Respondent

Procedural Posture

Constitutional Petition / Preliminary Objection Ruling

Legal Issues

  1. 1 Whether the Attorney-General's decision to enter a nolle prosequi is amenable to judicial review under the Constitution of Seychelles.
  2. 2 Whether the petitioners' rights to a fair trial and equal protection of the law were contravened by the Attorney-General's actions.

Ratio Decidendi

The petition was dismissed because the petitioners failed to provide sufficient factual material to establish a prima facie violation of their constitutional rights to a fair trial or equal protection of the law. The Attorney-General's decision to enter a nolle prosequi is amenable to judicial review only in exceptional circumstances, none of which were established in this case. Mere dissatisfaction with prosecutorial discretion or the outcome of a plea bargain does not amount to a constitutional violation.

Court Disposition

Petition dismissed as frivolous and vexatious.

Orders

  • Petition dismissed.
  • Each party to bear its own costs.