R v Joubert & Ors (CR 70/2021) [2021] SCSC 954 (19 July 2021)

R v Joubert & Ors (CR 70/2021) [2021] SCSC 954 (19 July 2021)

The affidavit supporting the remand application was defective as it failed to distinguish between matters of personal knowledge and information, did not disclose sources as required, and thus could not be relied upon. Without a competent affidavit, the Notice of Motion was unsupported and the application for remand failed.

Citation
[2021] SCSC 954
Parties
Applicant: Republic; 1st Respondent: Dahlin Joubert; 2nd Respondent: Marvin Camille; 3rd Respondent: Alex Cecile
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
19 July 2021
Case Number
CR 70/2021
Procedural Posture
Criminal Remand Application / Ruling on Remand Application
Outcome
Application dismissed
Legal Topics
Bail, Remand, Affidavit Requirements, Hearsay Evidence, Right to Liberty
Source Language
English
Criminal Law Constitutional Law Civil Procedure Bail Remand Affidavit Requirements Hearsay Evidence Right to Liberty

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Parties

Republic

Applicant

Dahlin Joubert

1st Respondent

Marvin Camille

2nd Respondent

Alex Cecile

3rd Respondent

Procedural Posture

Criminal Remand Application / Ruling on Remand Application

Legal Issues

  1. 1 Whether the affidavit supporting the remand application is defective and inadmissible
  2. 2 Whether the prosecution has provided substantial grounds to justify remand and denial of bail

Ratio Decidendi

The affidavit supporting the remand application was defective as it failed to distinguish between matters of personal knowledge and information, did not disclose sources as required, and thus could not be relied upon. Without a competent affidavit, the Notice of Motion was unsupported and the application for remand failed.

Court Disposition

Application dismissed

Orders

  • Respondents are dismissed from these proceedings