R v Mondon & Ors (CO 44/2017) [2018] SCSC 8232 (24 July 2018)

R v Mondon & Ors (CO 44/2017) [2018] SCSC 8232 (24 July 2018)

The statement may be admitted solely for the purpose of contradicting the witness, but any part implicating co-accused must be removed to avoid prejudice.

Source-derived case information.

Citation
[2018] SCSC 8232
Parties
Prosecutor: The Republic; Accused: Stephan Mondon; Accused: Guy Hall; Accused: Philip Mazorcchi; Accused: Marcus Louys; Accused: Chelsie Mondon
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
24 July 2018
Case Number
CO 44/2017
Procedural Posture
Criminal / Ruling on Admissibility of Evidence
Outcome
Statement admitted in edited form
Legal Topics
Admissibility of Evidence, Prejudicial Evidence, Contradiction of Witness
Source Language
english
Criminal Law Evidence Admissibility of Evidence Prejudicial Evidence Contradiction of Witness

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Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Stephan Mondon

Accused

Guy Hall

Accused

Philip Mazorcchi

Accused

Marcus Louys

Accused

Chelsie Mondon

Accused

Procedural Posture

Criminal / Ruling on Admissibility of Evidence

Legal Issues

  1. 1 Whether a prior witness statement can be admitted to contradict a witness
  2. 2 Whether prejudicial parts of the statement should be excluded

Ratio Decidendi

The statement may be admitted solely for the purpose of contradicting the witness, but any part implicating co-accused must be removed to avoid prejudice.

Court Disposition

Statement admitted in edited form

Orders

  • Statement to be admitted only to the extent it contradicts the witness's evidence
  • Any part implicating co-accused, specifically the second accused, to be removed