Anti-Corruption Commission v Valabhji & Ors (CO 114 of 2021) [2022] SCSC 1100 (25 March 2022)
An independent attorney licensed in Seychelles must be jointly appointed by the ACCS and the 2nd accused to review all materials potentially subject to attorney-client privilege, with procedures and timelines for appointment, instruction, and fee sharing set by the court.
Source-derived case information.
- Citation
- [2022] SCSC 1100
- Parties
- Applicant: THE ANTI-CORRUPTION COMMISSION; 1st Accused: MRS MUKESH VALABHJI; 2nd Accused: MRS LAURA VALABHJI; 3rd Accused: MR ANDRE LESLIE BENOITON; 4th Accused: MRS SARAH RENE; 5th Accused: MAURICE LOUSTEAU LALANNE; 6th Accused: MRS LEKHA NAIR
- Court
- Supreme Court
- Jurisdiction
- Seychelles
- Case Number
- CO 114 of 2021
- Procedural Posture
- Criminal / Interlocutory Application/order
- Outcome
- order granted with directions
- Legal Topics
- Attorney Client Privilege, Disclosure of Privileged Material, Procedure for Review of Privileged Material
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
THE ANTI-CORRUPTION COMMISSION
Applicant
MRS MUKESH VALABHJI
1st Accused
MRS LAURA VALABHJI
2nd Accused
MR ANDRE LESLIE BENOITON
3rd Accused
MRS SARAH RENE
4th Accused
MAURICE LOUSTEAU LALANNE
5th Accused
MRS LEKHA NAIR
6th Accused
Procedural Posture
Criminal / Interlocutory Application/order
Legal Issues
- 1 How should materials potentially subject to attorney-client privilege be reviewed and disclosed in criminal proceedings?
Ratio Decidendi
An independent attorney licensed in Seychelles must be jointly appointed by the ACCS and the 2nd accused to review all materials potentially subject to attorney-client privilege, with procedures and timelines for appointment, instruction, and fee sharing set by the court.
Court Disposition
order granted with directions
Orders
- An independent attorney at law licensed in Seychelles to be chosen by joint agreement between the ACCS and the 2nd accused by 8 April 2022.
- In absence of agreement, parties may apply to the court for directions.
Full Case Text
Judgment text and source record
1 paragraphs
SUPREME COURT OF SEYCHELLES Reportable [2022] SCSC … CO114/2021 In the matter between: THE ANTI-CORRUPTION COMMISSION (rep. by Mr Anthony Juliette) and MRS MUKESH VALABHJI (rep. by Mr France Bonte) MRS LAURA VALABHJI (in person) MR ANDRE LESLIE BENOITON (rep by Mr Basil Hoareau) MRS SARAH RENE (rep by Mr Cesar and Mr Joel Camille) MAURICE LOUSTEAU LALANNE (rep by Mr Basil Hoareau) MRS LEKHA NAIR (rep by Mr Basil Hoareau) 1st Accused 2nd Accused 3rd Accused 4th Accused 5th Accused 6th Accused Neutral Citation: Anti-Corruption Commission v/s Valabhji & Ors CO114/2021) [2022] SCSC Before: Summary: Heard: Delivered: (25 March 2022). Govinden CJ, Disclosure of Attorney Privilege communication 25 March 2022 25 March 2022 GOVINDEN CJ ORDER [1] This is my order given with regards to the Notice of Motion of the ACCS dated the 14 th of March 2022, with respect to an order setting out the process and timetable of review of materials potentially subject to professional privilege or amounting to Attorney privilege communication held by the ACCS. [2] Following hearing of both parties the ACCS Counsel and the 2nd accused in this case I order as follows:- (a) I order that an independent Attorney at law licensed in Seychelles be chosen by joint agreement between the ACCS and the 2nd accused, by the 8th of April 2022. (b) In absence of such an agreement the parties is at liberty to apply to this Court for directions. (c) The Independent lawyer shall be instructed on joint instruction of the ACCS and the 2nd accused. Such instruction to be agreed by the 15th of April 2022 in the absence of agreement, any party shall be at liberty to apply to the Court for direction. (d) All material including electronically held material shall be copied by the ACCS to the Independent Counsel. (e) The fees to be paid to the independent Counsel shall be shared jointly between the ACCS and the 2nd accused. Signed, dated and delivered at Ile du Port on 25 March 2022 ____________ Govinden C J 2