REPUBLIC v RASOLONDRAIBE & ORS (FH 44/2021) [2021] SCSC 1043 (9 November 2021)

REPUBLIC v RASOLONDRAIBE & ORS (FH 44/2021) [2021] SCSC 1043 (9 November 2021)

The right to liberty is paramount and continued detention is not justified as police have been lethargic in obtaining key evidence; bail is granted subject to strict conditions to ensure suspects' availability and prevent interference with investigation.

Citation
[2021] SCSC 1043
Parties
Applicant: REPUBLIC; Respondent: RICHARD RASOLONDRAIBE; Respondent: ANDREW ERNESTA; Respondent: THIERRY JAO; Respondent: ANTHONY BOUE; Respondent: SOHAIL ABBAS; Respondent: FETY RAZAH
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
9 November 2021
Case Number
FH 44/2021
Procedural Posture
Criminal / Bail/remand Application
Outcome
bail granted
Legal Topics
Bail, Remand, Money Laundering, Right to Liberty
Source Language
English
Criminal Law Constitutional Law Bail Remand Money Laundering Right to Liberty

Case Brief

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Parties

REPUBLIC

Applicant

RICHARD RASOLONDRAIBE

Respondent

ANDREW ERNESTA

Respondent

THIERRY JAO

Respondent

ANTHONY BOUE

Respondent

SOHAIL ABBAS

Respondent

FETY RAZAH

Respondent

Procedural Posture

Criminal / Bail/remand Application

Legal Issues

  1. 1 Whether continued detention of suspects is justified under Section 101 of the Criminal Procedure Code
  2. 2 Whether bail should be granted given the nature of the offence and investigation status

Ratio Decidendi

The right to liberty is paramount and continued detention is not justified as police have been lethargic in obtaining key evidence; bail is granted subject to strict conditions to ensure suspects' availability and prevent interference with investigation.

Court Disposition

bail granted

Orders

  • Each respondent to sign bail bond of SR200,000/-
  • Respondents to surrender passports and travel documents; Immigration not to issue new documents to second respondent