Bordino and Anor v Government of Seychelles (SCA 67 of 2022)
Bordino and Anor v Government of Seychelles (SCA 67 of 2022) [2022] SCCA 76 (16 December 2022)
The Supreme Court correctly found that the Respondent established a prima facie case that the property was purchased with proceeds of crime, shifting the evidential burden to the appellants, who failed to provide credible or documented evidence of legitimate funds. The procedural defects in affidavits did not vitiate the proceedings as the substance of the evidence was sufficient. Hardship is not a ground to resist freezing or receivership orders under POCCCA. The contempt finding was justified as the appellants failed to comply with court orders, but the committal to prison is stayed for 14…
Source excerpt
- Freezing orders
- Receivership
- Burden of proof
- Civil confiscation
- Contempt of court
- Standard of proof