Republic v Hossein & others (CO 06/2014) [2016] SCSC 129 (20 January 2016)

Republic v Hossein & others (CO 06/2014) [2016] SCSC 129 (20 January 2016)

The court found that the prosecution had established a prima facie case against all five accused persons on each count of piracy, based on evidence that they were on board the Shane Hind, that an armed attack was made against the Nave Atropos by a skiff returning to the Shane Hind, and that the accused were in a separate group from the Indian crew. The evidence was not so discredited as to warrant acquittal at this stage, and the matter should proceed to defence.

Citation
[2016] SCSC 129
Parties
Prosecution: The Republic; Accused: Mohammed Ali Hossein; Accused: Abdulkader Mohamed Hassan; Accused: Abdule Ali Abdullahi; Accused: Ali Dhir Hassan; Accused: Salad Dahir Jimale
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
20 January 2016
Case Number
CO 06/2014
Procedural Posture
Criminal / Ruling on Submission of No Case to Answer
Outcome
Submission of no case to answer dismissed; accused to make their defence.
Legal Topics
Piracy, Submission of No Case to Answer, Prima Facie Case, Burden of Proof
Source Language
English
Criminal Law Maritime Law Piracy Submission of No Case to Answer Prima Facie Case Burden of Proof

Case Brief

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Parties

The Republic

Prosecution

Mohammed Ali Hossein

Accused

Abdulkader Mohamed Hassan

Accused

Abdule Ali Abdullahi

Accused

Ali Dhir Hassan

Accused

Salad Dahir Jimale

Accused

Procedural Posture

Criminal / Ruling on Submission of No Case to Answer

Legal Issues

  1. 1 Whether the prosecution has established a prima facie case of piracy against the accused
  2. 2 Whether the accused have a case to answer on each count

Ratio Decidendi

The court found that the prosecution had established a prima facie case against all five accused persons on each count of piracy, based on evidence that they were on board the Shane Hind, that an armed attack was made against the Nave Atropos by a skiff returning to the Shane Hind, and that the accused were in a separate group from the Indian crew. The evidence was not so discredited as to warrant acquittal at this stage, and the matter should proceed to defence.

Court Disposition

Submission of no case to answer dismissed; accused to make their defence.

Orders

  • The motion to declare that all 5 accused persons have no case to answer is dismissed.
  • The accused persons are called upon to make their defence.