R v Aden & Ors [Judgment] (CO 75/2010) [2011] SCSC 100 (28 February 2011)

R v Aden & Ors [Judgment] (CO 75/2010) [2011] SCSC 100 (28 February 2011)

The court found that the accused, acting with common intention, unlawfully boarded the Faith, armed with firearms, harassed and detained the crew, commandeered the vessel, and committed acts of violence and depredation for private ends. The prosecution's evidence, corroborated by independent witnesses, technical, and expert testimony, proved all elements of piracy beyond reasonable doubt. The accused's defence was rejected as false and unsupported. The court held it had jurisdiction and found no violation of constitutional rights.

Citation
[2011] SCSC 100
Parties
Prosecution: Republic; Accused: Nur Mohamed Aden (A1); Accused: Ali Mohamed Ali (A2); Accused: Abdi Ahmed Farah (A3); Accused: Farhan Yousuf Ali (A4); Accused: Jamal Mohamed Ali (A5); Accused: Bashir Khalif Hashi (A6) also known as 'Atomic'; Accused: Mohamed Ahmed Ali (A7) also known as 'Lugadeere'; Accused: Abdullahi Mohamed Hassan (A8); Accused: Abdifatah Ahmed Hassan (A9); Accused: Abdi Rizak Mohamed Ali (A10)
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 February 2011
Case Number
CO 75/2010
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Piracy, Universal Jurisdiction, Criminal Procedure, Constitutional Rights of Accused, Joint Enterprise
Source Language
English
Criminal Law International Law Piracy Universal Jurisdiction Criminal Procedure Constitutional Rights of Accused Joint Enterprise

Case Brief

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Parties

Republic

Prosecution

Nur Mohamed Aden (A1)

Accused

Ali Mohamed Ali (A2)

Accused

Abdi Ahmed Farah (A3)

Accused

Farhan Yousuf Ali (A4)

Accused

Jamal Mohamed Ali (A5)

Accused

Bashir Khalif Hashi (A6) also known as 'Atomic'

Accused

Mohamed Ahmed Ali (A7) also known as 'Lugadeere'

Accused

Abdullahi Mohamed Hassan (A8)

Accused

Abdifatah Ahmed Hassan (A9)

Accused

Abdi Rizak Mohamed Ali (A10)

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed acts of piracy as defined under section 65 of the Penal Code
  2. 2 Whether the accused acted with common intention under section 23 of the Penal Code
  3. 3 Whether the accused's constitutional rights were violated during arrest and detention

Ratio Decidendi

The court found that the accused, acting with common intention, unlawfully boarded the Faith, armed with firearms, harassed and detained the crew, commandeered the vessel, and committed acts of violence and depredation for private ends. The prosecution's evidence, corroborated by independent witnesses, technical, and expert testimony, proved all elements of piracy beyond reasonable doubt. The accused's defence was rejected as false and unsupported. The court held it had jurisdiction and found no violation of constitutional rights.

Court Disposition

conviction

Orders

  • Each of the ten accused persons is found guilty and convicted as charged on counts one and two.