R v Emmanuel v Ano (CO 62/2017) [2018] SCSC 8193 (13 June 2018)

The prosecution proved beyond reasonable doubt that the statement of the 2nd accused was given voluntarily, with no promise or inducement, and is therefore admissible as evidence.

Citation: [2018] SCSC 8193
Parties: Prosecution: The Republic; First Accused: Cliff Emmanuel; Second Accused: Marco Mathiot
Court: Supreme Court
Jurisdiction: Seychelles
Judgment Date: 13 June 2018
Case Number: CO 62/2017
Procedural Posture: Criminal / Ruling on Admissibility of Evidence (voire Dire)
Outcome: Statement of the 2nd accused is admissible as evidence.
Legal Topics: Admissibility of Confession, Voluntariness of Statement, Conditional Offers Under Criminal Procedure Code
Source Language: English

Criminal Law Evidence Admissibility of Confession Voluntariness of Statement Conditional Offers Under Criminal Procedure Code

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1

Parties

The Republic

Prosecution

Cliff Emmanuel

First Accused

Marco Mathiot

Second Accused

Procedural Posture

Criminal / Ruling on Admissibility of Evidence (voire Dire)

Legal Issues

1 Whether the statement of the 2nd accused was given voluntarily
2 Whether the statement was induced by promise of non-prosecution

Ratio Decidendi

The prosecution proved beyond reasonable doubt that the statement of the 2nd accused was given voluntarily, with no promise or inducement, and is therefore admissible as evidence.

Court Disposition

Statement of the 2nd accused is admissible as evidence.

Orders

Statement dated 16th November 2017 may be produced by the prosecution as evidence.