R v Casime & Ano (CO 72/2017) [2018] SCSC 8233 (25 July 2018)

The plastic bag and piece of paper cannot be admitted into evidence and Officer Payet cannot be recalled, as this would prejudice the defence and the prosecution should have foreseen the need to produce these items earlier.

Citation: [2018] SCSC 8233
Parties: Prosecution: The Republic; 1st Accused: Osama Casime; 2nd Accused: Hifa Casime
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 25 July 2018
Case Number: CO 72/2017
Procedural Posture: Criminal / Interlocutory Ruling on Admissibility of Evidence
Outcome: Objection upheld in part; evidence bag and piece of paper excluded; mobile phone admissibility deferred.
Legal Topics: Admissibility of Evidence, Recall of Witnesses, Prejudice to Defence
Source Language: English

Criminal Law Evidence Admissibility of Evidence Recall of Witnesses Prejudice to Defence

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Parties

The Republic

Prosecution

Osama Casime

1st Accused

Hifa Casime

2nd Accused

Procedural Posture

Criminal / Interlocutory Ruling on Admissibility of Evidence

Legal Issues

1 Whether Officer Egbert Payet can be recalled to produce evidence bag and piece of paper
2 Whether the plastic bag and piece of paper are admissible as evidence

Ratio Decidendi

Court Disposition

Objection upheld in part; evidence bag and piece of paper excluded; mobile phone admissibility deferred.

Orders

Officer Payet not to be recalled to produce the evidence bag and piece of paper.
Plastic bag and piece of paper excluded from evidence.