R v Agathine & Ors (CO 02/2021) [2021] SCSC 843 (28 January 2021)

R v Agathine & Ors (CO 02/2021) [2021] SCSC 843 (28 January 2021)

The combined seriousness of the offences, the accuseds' status as police officers, and the risk of interference with witnesses and the investigation constitute substantial grounds to deny bail and remand the accused in custody.

Source-derived case information.

Citation
[2021] SCSC 843
Parties
Prosecution: The Republic; 1st Accused: Archille Christian Agathine; 2nd Accused: Julius Sebastian Zialor; 3rd Accused: Jean-Paul Marius Marie
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 January 2021
Case Number
CO 02/2021
Procedural Posture
Criminal / Bail Application
Outcome
Bail application declined; accused to remain in remand custody.
Legal Topics
Bail, Remand, Police Misconduct, Theft, Sexual Assault
Source Language
english
Criminal Law Constitutional Law Bail Remand Police Misconduct Theft Sexual Assault

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Parties

The Republic

Prosecution

Archille Christian Agathine

1st Accused

Julius Sebastian Zialor

2nd Accused

Jean-Paul Marius Marie

3rd Accused

Procedural Posture

Criminal / Bail Application

Legal Issues

  1. 1 Whether the accused should be remanded in custody pending trial
  2. 2 Whether seriousness of the offence alone justifies pre-trial detention
  3. 3 Whether there are substantial grounds to believe the accused would interfere with witnesses or the course of justice

Ratio Decidendi

The combined seriousness of the offences, the accuseds' status as police officers, and the risk of interference with witnesses and the investigation constitute substantial grounds to deny bail and remand the accused in custody.

Court Disposition

Bail application declined; accused to remain in remand custody.

Orders

  • All three accused to be remanded in custody pending trial.