R vs Soopramanian (MC 04.2014) [2014] SCSC 232 (7 July 2014)

R vs Soopramanian (MC 04.2014) [2014] SCSC 232 (7 July 2014)

The application complies with the relevant provisions of the Criminal Procedure Code, the respondent's constitutional rights are not infringed as the order is investigative and not related to trial procedure, and procedural objections raised do not render the application fatally flawed. The taking of a further fingerprint sample is necessary for investigative and forensic purposes in a serious offence.

Citation
[2014] SCSC 232
Parties
Applicant: The Republic; Respondent: Fabio Soopramanian
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
7 July 2014
Case Number
MC 04.2014
Procedural Posture
Miscellaneous Criminal Application / Application for Order to Obtain Fingerprint Samples
Outcome
Application granted
Legal Topics
Forensic Evidence, Fingerprint Samples, Constitutional Rights, Investigation Procedure
Source Language
English
Criminal Procedure Forensic Evidence Fingerprint Samples Constitutional Rights Investigation Procedure

Case Brief

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Parties

The Republic

Applicant

Fabio Soopramanian

Respondent

Procedural Posture

Miscellaneous Criminal Application / Application for Order to Obtain Fingerprint Samples

Legal Issues

  1. 1 Whether the application for obtaining fingerprint samples complies with section 30 B (1)(b) and (8) of the Criminal Procedure Code
  2. 2 Whether the respondent's constitutional rights under article 19(2)(g) are infringed by the order
  3. 3 Whether the application is fatally flawed due to procedural objections

Ratio Decidendi

The application complies with the relevant provisions of the Criminal Procedure Code, the respondent's constitutional rights are not infringed as the order is investigative and not related to trial procedure, and procedural objections raised do not render the application fatally flawed. The taking of a further fingerprint sample is necessary for investigative and forensic purposes in a serious offence.

Court Disposition

Application granted

Orders

  • Order authorising the taking of the fingerprint sample from the respondent for forensic purposes.