Ex Parte The Government of Seychelles (XP 29 of 2023) [2023] SCSC 357 (18 May 2023)

Ex Parte The Government of Seychelles (XP 29 of 2023) [2023] SCSC 357 (18 May 2023)

The court found prima facie evidence that the respondents were in possession or control of property constituting proceeds of criminal conduct, specifically drug trafficking and money laundering, and granted interim prohibition and receivership orders over the specified sums.

Citation
[2023] SCSC 357
Parties
First Respondent: Rubecca Ally; Second Respondent: Wayne Sarah; Applicant: Sergeant Dave Jeanne
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
18 May 2023
Case Number
XP 29 of 2023
Procedural Posture
Civil Confiscation Application / Interim Application for Prohibition and Receivership Orders
Outcome
interim orders granted
Legal Topics
Civil Confiscation, Drug Trafficking, Receivership, Interim Orders
Source Language
English
Criminal Law Proceeds of Crime Money Laundering Civil Confiscation Drug Trafficking Receivership Interim Orders

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Parties

Rubecca Ally

First Respondent

Wayne Sarah

Second Respondent

Sergeant Dave Jeanne

Applicant

Procedural Posture

Civil Confiscation Application / Interim Application for Prohibition and Receivership Orders

Legal Issues

  1. 1 Whether the property seized constitutes proceeds of crime under the Proceeds of Crime (Civil Confiscation) Act 2008
  2. 2 Whether interim prohibition and receivership orders should be granted

Ratio Decidendi

The court found prima facie evidence that the respondents were in possession or control of property constituting proceeds of criminal conduct, specifically drug trafficking and money laundering, and granted interim prohibition and receivership orders over the specified sums.

Court Disposition

interim orders granted

Orders

  • Interim order prohibiting the respondents or any other persons specified from disposing of or dealing with SCR 26,025 seized from the first respondent and SCR 100,000 seized from the second respondent.
  • Sergeant Dave Jeanne appointed as Receiver over all or part of the said property to manage, keep possession or dispose of or otherwise deal with the property as directed by the court.