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Seychelles decisions
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Valenza v Severe Investments Pty Ltd (CS 5 of 2021) [2024] SCSC 177 (19 November 2024)
The Supreme Court of Seychelles dismissed an objection to producing a photocopy of a doctor's report, holding it could be authenticated under section 31(b).
R v Valabhji & Ors (CO 4 of 2022) [2024] SCSC 3 (15 January 2024)
The Supreme Court of Seychelles held that spousal privilege under section 134(d) is limited to testimonial compulsion and does not bar use of seized marital communications.
Onezime v Attorney General & Anor (CP 01/2021) [2021] SCCC 4 (7 September 2021)
The petitioner's affidavit, sworn in Kenya, a non-party to the Apostille Convention, was not authenticated in accordance with section 28 of the Evidence Act and is therefore inadmissible in Seychelles courts. English law does not override the specific provisions of Seychelles law on this issue.
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Iliescu v Petrescu (MC 101 of 2019) [2021] SCSC 550 (25 August 2021)
The Petitioner proved on a balance of probabilities that the Change of Beneficial Owner's Declaration was a forgery and that he remained the beneficial owner of GBG. The Respondent failed to prove any investment or entitlement. The Registered Agent acted without proper instructions. The transfer and subsequent changes are null and void. The register must be rectified to restore the Petitioner as beneficial owner.
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R v Geers & Ors (CO 27/2017) [2021] SCSC 875 (13 April 2021)
The Supreme Court of Seychelles held that the accused’s verbal admission to police was admissible because it was spontaneous, voluntary, and not induced.
R v Geers (CO 27/2017) [2020] SCSC 666 (17 December 2020)
Ruling on a voir dire in a criminal case, the court admitted the accused’s verbal confession after finding it voluntary and properly cautioned.
John Marengo & Ors v Fred anderson (SCA 9 of 2016) [2019] SCCA 6 (9 May 2019)
The Court of Appeal dismissed a second appeal over contaminated fuel, upholding findings that the respondent proved the claim and that the receipts were admissible.
R v Casime & Ano (CO 72/2017) [2018] SCSC 8230 (23 July 2018)
There is no ambush or prejudice as the content of the pen drives is already in evidence via P17, but the defence must be given an opportunity to view the pen drives to ensure their content matches P17, upholding the right to a fair hearing.
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R v Mondon & Ors (CO 44/2017) [2018] SCSC 8207 (8 July 2018)
The Supreme Court of Seychelles held that communications between an accused and a lawyer visiting him in custody were protected by legal professional privilege and could not be compelled.
R v Baker & Anor (CO 46/2011) [2017] SCSC 921 (16 September 2017)
The prosecution failed to prove beyond reasonable doubt that the statement of the 2nd accused was made voluntarily and without inducement; unresolved contradictions in prosecution evidence and credible allegations by the accused required the court to resolve doubt in favour of the accused.
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