R v Agathine (CO 38/2005) [2007] SCSC 128 (21 June 2007)

R v Agathine (CO 38/2005) [2007] SCSC 128 (21 June 2007)

The motion for referral to the Constitutional Court is dismissed because the alleged contravention of article 19(2)(e) is unsustainable; the legal incapacity of the witness arises from a deportation order, which must first be challenged in the Supreme Court, and there is no direct nexus between the deportation and the accused's constitutional rights in this forum.

Citation
[2007] SCSC 128
Parties
Prosecution: Republic; Accused: Agathine
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
21 June 2007
Case Number
CO 38/2005
Procedural Posture
Criminal / Ruling on Motion for Constitutional Referral
Outcome
motion dismissed
Legal Topics
Right to Fair Trial, Examination of Witnesses, Deportation, Judicial Review
Source Language
English
Criminal Law Constitutional Law Right to Fair Trial Examination of Witnesses Deportation Judicial Review

Case Brief

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Parties

Republic

Prosecution

Agathine

Accused

Procedural Posture

Criminal / Ruling on Motion for Constitutional Referral

Legal Issues

  1. 1 Whether the accused's right under article 19(2)(e) of the Constitution to call and examine witnesses is contravened by the deportation of his wife, a potential defence witness
  2. 2 Whether the issue warrants referral to the Constitutional Court under article 46(7)

Ratio Decidendi

The motion for referral to the Constitutional Court is dismissed because the alleged contravention of article 19(2)(e) is unsustainable; the legal incapacity of the witness arises from a deportation order, which must first be challenged in the Supreme Court, and there is no direct nexus between the deportation and the accused's constitutional rights in this forum.

Court Disposition

motion dismissed

Orders

  • Motion dated 14 May 2007 is dismissed.