R v D’unienville & Ors (CO 03 of 2025) [2025] SCSC 84 (12 June 2025)

contents of #navigation-content will be placed in [data-offcanvas-body] for tablet/mobile screensize and #navigation-column for desktop screensize. Skip to document content Table of contents Search [] JUDGE BURIAN [1] Having heard Counsel for the Defence and the Prosecution, and upon due consideration of the submissions made, and being satisfied that the Accused persons are currently on remand pending trial and further being satisfied of their constitutional right to a fair trial, which includes the right to adequately prepare their defence and to have access to the evidence against them. [2] It is hereby ordered that: The prosecution shall make available to the remanded accused persons, through their legal representatives, copies of the digital evidence intended to be relied upon at trial, including but not limited to: Communication records, Transaction logs, Email correspondence, CCTV footage, Digital forensic reports. Where physical copies of digital evidence cannot reasonably be provided due to volume, format, or security, access shall be arranged at the place of remand in the presence of an authorised officer. The Investigating Officer shall make available a device to the accused persons for the sole purpose of viewing the digital evidence and/or if the accused’s so wishes they shall be granted permission to provide their own viewing device which shall be subject to inspection and clearance prior to use. The Attorney General’s Office and/or the investigating officer shall liaise with the relevant prison authorities to facilitate: The secure and supervised viewing of such digital evidence, Adequate time allocation for such viewing in order to prepare for trial, Reasonable access to legal counsel during said review. Any access provided shall be in accordance with prison security protocols and shall not compromise ongoing investigations or the security of other unrelated material. The device used to view the digital evidence shall be inspected by the investigating officers to ensure its security, including but not limited to: it has no external communication capabilities and configured to offline mode only (e.g. no Wi-Fi, no sim-card, no Bluetooth or USB tethering); it contains only the digital evidence files provided by the prosecution, stored on a read only drive or partition, and such software as may be reasonably necessary for viewing the said evidence; the OS is locked down; and that all external storage is removed or prohibited. All viewing sessions must take place in a designated legal access room at place of remand under the supervision of an authorised officer or under CCTV surveillance and the device shall be returned to the Investigating Officer and/or prison authorities possession after each viewing session. Access shall be granted only after prior scheduling with the Investigating Officer and prison authority and all requests shall be made at least 48 hours prior to the viewing session. The Investigating Officer and Prison Authorities shall take all reasonable and proactive steps to facilitate the implementation of this order, including but not limited to: Ensuring timely access to the digital evidence; Responding to and complying with requests for access by the accused without due delay; and Addressing and reporting any logistical or security concerns to the Court if they arise. The Defence is reminded that any reproduction, distribution, or use of such evidence beyond the scope of the present proceedings is strictly prohibited without leave of the Court. The accused persons shall sign an undertaking confirming that the device and its contents will be used solely for the purpose of trial preparation, and any breach of this condition shall result in immediate suspension of access and reconsideration of any further access by the Court. The investigating officer and/or the prison authorities shall maintain a logbook of all access sessions, including: Date and duration of use; Identity of supervising personnel; and Any incidents or anomalies observed. [3] A copy of this order shall be served on the Prosecution and the prison authorities. Signed, dated and delivered at Ile du Port 12th June 2025. ________________ Judge Burian