Republic v Estico (51 of 2006) [2008] SCSC 62 (7 February 2008)
The court granted the prosecution's application to restrict the key witness's movement to ensure his availability for the upcoming murder trial.
Source-derived case information.
- Citation
- [2008] SCSC 62
- Parties
- Prosecutor: Republic; Accused: Elvis Estico
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- 51 of 2006
- Procedural Posture
- Criminal / Pre Trial Order
- Outcome
- application granted
- Legal Topics
- Witness Protection, Murder Trial, Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Prosecutor
Elvis Estico
Accused
Procedural Posture
Criminal / Pre Trial Order
Legal Issues
- 1 Whether the key prosecution witness should be restricted from leaving the jurisdiction prior to trial
Ratio Decidendi
The court granted the prosecution's application to restrict the key witness's movement to ensure his availability for the upcoming murder trial.
Court Disposition
application granted
Orders
- Immigration Department not to issue travel documents or allow Mr. Joubert to travel outside Seychelles without court clearance until 29th February, 2008.
- Aquarius Shipping Pty Ltd not to allow Mr. Joubert to leave or assign him tasks outside Seychelles or off Mahe during the said period unless otherwise ordered by the Court.
Full Case Text
Judgment text and source record
1 paragraphs
IN THE SUPREME COURT OF SEYCHELLES THE REPUBLIC VS. ELVIS ESTICO (Accused) Criminal Side No. 51 of 2006 Mr. Govinden for the Republic Mr. Hoareau for the Accused ORDER Gasgawa, J Mr. Govinden, Deputy Attorney General, has made an application for certain orders regarding the key prosecution witness, Mr. Alex Joubert, in this murder trial due to start on the 18th February, 2008. That application is hereby granted and accordingly the Court makes the following orders; a) That the Immigration Department does not issue Mr. Joubert with any travel documents and/or allow him to travel outside the jurisdiction of Seychelles through any departure point from the date hereof to the 29th February, 2008 unless with clearance of the Court. b) That Aquarius Shipping Pty Ltd of New Port, the employer of Mr. Alex Joubert, does not allow him to leave or assign him tasks outside the jurisdiction of Seychelles or off the island of Mahe during the said period unless otherwise ordered by the Court. This order is to be communicated to the Head of the Immigration Department, the Commissioner of Police and Mr. Robin Dogley, the Operations Manager of Aquarius Shipping Pty Ltd. I so order. D. GASWAGA JUDGE Dated this 8th day of February, 2008.