R v Wehliye & Ors (CO 28/2019) [2021] SCSC 952 (16 July 2021)

R v Wehliye & Ors (CO 28/2019) [2021] SCSC 952 (16 July 2021)

The prosecution failed to prove beyond reasonable doubt that the accused committed acts of piracy or attempted piracy, and the charges were defective for lack of particulars regarding common intention and crew status. No direct evidence linked the accused to the alleged acts, and identification was insufficient.

Citation
[2021] SCSC 952
Parties
Prosecution: The Republic; 1st Accused: Mohamed Daahir Wehliye; 2nd Accused: Fesyal Mahamoud Mahamed; 3rd Accused: Abdoulkader Ahmed Faram; 4th Accused: Abdikader Mohmmed Farah; 5th Accused: Ahmed Mohamed Ali
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
16 July 2021
Case Number
CO 28/2019
Procedural Posture
Criminal / Final Judgment
Outcome
acquittal
Legal Topics
Piracy, Common Intention, Burden of Proof, Defective Charges, Identification of Accused
Source Language
English
Criminal Law Piracy Common Intention Burden of Proof Defective Charges Identification of Accused

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

The Republic

Prosecution

Mohamed Daahir Wehliye

1st Accused

Fesyal Mahamoud Mahamed

2nd Accused

Abdoulkader Ahmed Faram

3rd Accused

Abdikader Mohmmed Farah

4th Accused

Ahmed Mohamed Ali

5th Accused

Procedural Posture

Criminal / Final Judgment

Legal Issues

  1. 1 Whether the accused committed acts of piracy as charged
  2. 2 Whether the charges were defective for lack of particulars regarding common intention and crew status
  3. 3 Whether prosecution proved the elements of piracy beyond reasonable doubt

Ratio Decidendi

The prosecution failed to prove beyond reasonable doubt that the accused committed acts of piracy or attempted piracy, and the charges were defective for lack of particulars regarding common intention and crew status. No direct evidence linked the accused to the alleged acts, and identification was insufficient.

Court Disposition

acquittal

Orders

  • All accused found not guilty and acquitted on all counts.
  • Recommendation for repatriation of accused to their country as soon as practicable.