Government of Seychelles v Marie & Ors (MC 89/2020) [2023] SCSC 794 (14 July 2023)

Government of Seychelles v Marie & Ors (MC 89/2020) [2023] SCSC 794 (14 July 2023)

The Court found that the Applicant, through the unchallenged affidavit and oral evidence of Supt Hein Prinsloo, established reasonable grounds to suspect that the specified properties are proceeds of criminal conduct, namely drug trafficking and money laundering. The Respondents failed to discharge their evidential...

Source-derived case information.

Citation
[2023] SCSC 794
Parties
Applicant: The Government of Seychelles; 1st Respondent: Liza Michelle Marie; 2nd Respondent: Neddy Roger Lagrenade; 3rd Respondent: Jerry Barrack; 4th Respondent: Randy Jeremy Hoareau
Court
Supreme Court
Jurisdiction
Seychelles
Case Number
MC 89/2020
Procedural Posture
Application for Interlocutory Order (civil Confiscation) / Final Order
Outcome
Application allowed. Interlocutory and receivership orders granted.
Legal Topics
Money Laundering, Drug Trafficking, Asset Forfeiture, Receivership, Interlocutory Orders
Source Language
en
Proceeds of Crime Civil Confiscation Criminal Law Money Laundering Drug Trafficking Asset Forfeiture Receivership Interlocutory Orders

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Parties

The Government of Seychelles

Applicant

Liza Michelle Marie

1st Respondent

Neddy Roger Lagrenade

2nd Respondent

Jerry Barrack

3rd Respondent

Randy Jeremy Hoareau

4th Respondent

Procedural Posture

Application for Interlocutory Order (civil Confiscation) / Final Order

  1. 1 Whether the specified properties constitute, directly or indirectly, benefits from criminal conduct (drug trafficking and money laundering) under the Proceeds of Crime (Civil Confiscation) Act, 2008, as amended.
  2. 2 Whether the Respondents rebutted the presumption that the properties are proceeds of crime.

Ratio Decidendi

The Court found that the Applicant, through the unchallenged affidavit and oral evidence of Supt Hein Prinsloo, established reasonable grounds to suspect that the specified properties are proceeds of criminal conduct, namely drug trafficking and money laundering. The Respondents failed to discharge their evidential burden to show, on a balance of probabilities, that the properties were acquired from legitimate sources. The Court was satisfied that the statutory requirements under Section 4 of the Proceeds of Crime (Civil Confiscation) Act, 2008, as amended, were met and granted the interlocutory and receivership orders sought.

Court Disposition

Application allowed. Interlocutory and receivership orders granted.

Orders

  • Interlocutory order prohibiting Respondents or any other person with notice from disposing of or dealing with the specified properties or diminishing their value.
  • Appointment of Supt Hein Prinsloo as Receiver of all or part of the specified properties to hold, manage, keep possession of, or otherwise deal with the property as directed by the Court or until further order.