R v Alam & Or (499) [2023] SCSC 499 (28 June 2023)

R v Alam & Or (499) [2023] SCSC 499 (28 June 2023)

The court found that the prosecution had established a prima facie case against both accused and that compelling reasons existed for their continued detention, including the seriousness of the offences, risk of interference with witnesses, and public interest. The right to liberty may be restricted in exceptional circumstances, which were present in this case.

Citation
[2023] SCSC 499
Parties
Applicant/prosecution: The Republic; 1st Respondent/accused: MD Nur Alam; 2nd Respondent/accused: [Name Redacted]
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
28 June 2023
Case Number
499
Procedural Posture
Criminal / Ruling on Application for Remand Pending Trial
Outcome
Application for remand in police custody granted
Legal Topics
Bail, Remand in Custody, Child Trafficking, Sexual Offences, Right to Liberty
Source Language
English
Criminal Law Constitutional Law Bail Remand in Custody Child Trafficking Sexual Offences Right to Liberty

Case Brief

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Parties

The Republic

Applicant/prosecution

MD Nur Alam

1st Respondent/accused

[Name Redacted]

2nd Respondent/accused

Procedural Posture

Criminal / Ruling on Application for Remand Pending Trial

Legal Issues

  1. 1 Whether the 1st and 2nd Respondents/Accused should be remanded in police custody pending trial
  2. 2 Whether compelling reasons exist to deny bail under Article 18(7) of the Constitution

Ratio Decidendi

The court found that the prosecution had established a prima facie case against both accused and that compelling reasons existed for their continued detention, including the seriousness of the offences, risk of interference with witnesses, and public interest. The right to liberty may be restricted in exceptional circumstances, which were present in this case.

Court Disposition

Application for remand in police custody granted

Orders

  • 1st and 2nd Respondents/Accused to be remanded in police custody for 14 days from the date of the order