R v Geers & Ors (CO 27/2017) [2017] SCSC 890 (27 June 2017)

R v Geers & Ors (CO 27/2017) [2017] SCSC 890 (27 June 2017)

The court found a genuine need for the 2nd and 3rd accused to travel but held that this must be balanced with the interests of justice. The reporting requirement was cancelled, and passports may be released for justified travel upon provision of itineraries, but must be returned after travel. Unrestricted travel was denied.

Citation
[2017] SCSC 890
Parties
Prosecution: The Republic; Accused: Albert Geers; Accused: 2nd Accused; Accused: 3rd Accused
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
27 June 2017
Case Number
CO 27/2017
Procedural Posture
Criminal / Interlocutory Order on Variation of Bail Conditions
Outcome
Bail conditions varied in part
Legal Topics
Bail, Variation of Bail Conditions, Right to Travel
Source Language
English
Criminal Law Bail Variation of Bail Conditions Right to Travel

Case Brief

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Parties

The Republic

Prosecution

Albert Geers

Accused

2nd Accused

Accused

3rd Accused

Accused

Procedural Posture

Criminal / Interlocutory Order on Variation of Bail Conditions

Legal Issues

  1. 1 Whether bail conditions for the 2nd and 3rd accused should be varied to remove reporting requirements and allow release of passports for travel
  2. 2 Whether the 1st accused's restriction on travel to Praslin should be lifted

Ratio Decidendi

The court found a genuine need for the 2nd and 3rd accused to travel but held that this must be balanced with the interests of justice. The reporting requirement was cancelled, and passports may be released for justified travel upon provision of itineraries, but must be returned after travel. Unrestricted travel was denied.

Court Disposition

Bail conditions varied in part

Orders

  • Reporting to Beau Vallon Police Station at 6.00 p.m. for 2nd and 3rd accused cancelled
  • Passports of 2nd and 3rd accused to be released for justified travel upon provision of itineraries and must be returned after travel