R v Malbrook (CO 4/1998) [1998] SCSC 7 (22 June 1998)

R v Malbrook (CO 4/1998) [1998] SCSC 7 (22 June 1998)

Since the accused was a suspect and not formally charged at the time of the police visit, and the evidence of voluntariness must be tested, photographs taken during the visit should be excluded to ensure a fair hearing.

Citation
[1998] SCSC 7
Parties
Prosecution: Republic; Accused: Malbrook
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
22 June 1998
Case Number
CO 4/1998
Procedural Posture
Criminal / Interlocutory Ruling
Outcome
partial exclusion of evidence
Legal Topics
Right to Counsel, Admissibility of Evidence, Police Procedure
Source Language
English
Criminal Law Constitutional Law Right to Counsel Admissibility of Evidence Police Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Republic

Prosecution

Malbrook

Accused

Procedural Posture

Criminal / Interlocutory Ruling

Legal Issues

  1. 1 Whether the accused's right to counsel was violated when he accompanied police to the crime scene without his lawyer being informed
  2. 2 Whether photographs taken during such a police visit are admissible

Ratio Decidendi

Since the accused was a suspect and not formally charged at the time of the police visit, and the evidence of voluntariness must be tested, photographs taken during the visit should be excluded to ensure a fair hearing.

Court Disposition

partial exclusion of evidence

Orders

  • Photographs numbered 16, 17, and 18 taken on 24 March 1998 are excluded from evidence.
  • No evidence to be adduced by the prosecution regarding the circumstances under which these photographs were taken.