Government of Seychelles v Dhanjee (MC 31/2020) [2020] SCSC 551 (15 July 2020)

Government of Seychelles v Dhanjee (MC 31/2020) [2020] SCSC 551 (15 July 2020)

The court found reasonable grounds to suspect that the specified property was benefit from criminal conduct, based on unchallenged evidence, lack of legitimate income, and the respondent's failure to object. The interlocutory order and appointment of a receiver were therefore justified.

Citation
[2020] SCSC 551
Parties
Applicant: Government of Seychelles; Respondent: Darius Dhanjee
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
15 July 2020
Case Number
MC 31/2020
Procedural Posture
Interlocutory Application / Interlocutory Order
Outcome
application allowed
Legal Topics
Interlocutory Orders, Freezing of Assets, Benefit From Criminal Conduct, Appointment of Receiver
Source Language
English
Criminal Law Proceeds of Crime Civil Confiscation Interlocutory Orders Freezing of Assets Benefit From Criminal Conduct Appointment of Receiver

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Parties

Government of Seychelles

Applicant

Darius Dhanjee

Respondent

Procedural Posture

Interlocutory Application / Interlocutory Order

Legal Issues

  1. 1 Whether the specified property constitutes benefit from criminal conduct under POCA
  2. 2 Whether an interlocutory order prohibiting disposal of the property should be granted
  3. 3 Whether a receiver should be appointed for the specified property

Ratio Decidendi

The court found reasonable grounds to suspect that the specified property was benefit from criminal conduct, based on unchallenged evidence, lack of legitimate income, and the respondent's failure to object. The interlocutory order and appointment of a receiver were therefore justified.

Court Disposition

application allowed

Orders

  • Interlocutory order issued prohibiting disposal of, dealing with, or diminishing in value of the specified property.
  • Superintendent Hein Prinsloo appointed as receiver to hold the specified property in an interest bearing account until further orders.