R v Nilanga & Ors (CO 23/2020) [2020] SCSC 468 (20 March 2020)

R v Nilanga & Ors (CO 23/2020) [2020] SCSC 468 (20 March 2020)

Given the seriousness of the charge, the 1st Accused's status as a foreign national, lack of fixed abode, inability to produce surety, and risk of absconding, remand in custody is warranted, but may be executed on the vessel Sampath as agreed by both parties.

Citation
[2020] SCSC 468
Parties
Prosecution: The Republic; Accused: Ramesh Nilanga & Ors
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 March 2020
Case Number
CO 23/2020
Procedural Posture
Criminal / Interlocutory Order
Outcome
interlocutory order granted
Legal Topics
Remand, Bail, Repatriation, Foreign Nationals
Source Language
English
Criminal Law Remand Bail Repatriation Foreign Nationals

Case Brief

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Parties

The Republic

Prosecution

Ramesh Nilanga & Ors

Accused

Procedural Posture

Criminal / Interlocutory Order

Legal Issues

  1. 1 Whether the 1st Accused should be remanded in custody or granted bail
  2. 2 Whether the remaining accused should be repatriated

Ratio Decidendi

Given the seriousness of the charge, the 1st Accused's status as a foreign national, lack of fixed abode, inability to produce surety, and risk of absconding, remand in custody is warranted, but may be executed on the vessel Sampath as agreed by both parties.

Court Disposition

interlocutory order granted

Orders

  • Rest of the accused to be repatriated to Sri Lanka immediately
  • 1st Accused to be remanded in custody on the vessel Sampath under prison escort