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Seychelles decisions
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R v Wehliye & Ors (CO 28/2019) [2021] SCSC 952 (16 July 2021)
The Supreme Court of Seychelles acquitted five accused of piracy and attempted piracy, finding the charges defective and the evidence insufficient.
R v Wehliye & Ors (CO 28/2019) [2020] SCSC 671 (22 December 2020)
The prosecution established a prima facie case against the accused on all counts based on the evidence adduced, including circumstantial and identification evidence. The alleged defects in the charge and lack of direct identification do not warrant upholding the submission of no case to answer at this stage. The accused are called upon to make their defence.
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R v Ahmed & Ors (CO 69/2017) [2018] SCSC 8272 (27 September 2018)
The court found that the prosecution witnesses were coached by the Deputy Attorney General, affecting the fairness and credibility of the prosecution's case. The evidence was so manifestly unreliable that no reasonable tribunal could safely convict the accused. There was reasonable doubt as to the correctness of the identification evidence, and thus no case to answer for all accused.
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Mohammed Ali Hussein & Ors v R (SCA 5 of 2016) [2016] SCCA 33 (9 December 2016)
The convictions were quashed because the prosecution failed to prove the essential elements of piracy, including voluntary participation and common intention, beyond reasonable doubt. The charges were defective, lacking necessary particulars, and the evidence relied upon was either hearsay, not properly admitted, or insufficient to establish guilt. The appellants' right to a fair trial was violated due to the inability to challenge key evidence and lack of proper identification.
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Hassan Thaliil Ahmed & Ors v R (SCA 6 of 2015) [2016] SCCA 32 (9 December 2016)
Court of Appeal upheld piracy convictions and 14-year concurrent sentences, finding GPS and witness evidence sufficient and the Denmark proceedings not a prior acquittal.
Republic v Hossein & others (CO 06/2014) [2016] SCSC 129 (20 January 2016)
The Supreme Court of Seychelles held that the prosecution had made out a prima facie case of piracy, so the accused had a case to answer.
Olad v R (SCA 19 of 2015) [2015] SCCA 40 (16 December 2015)
The Court of Appeal dismissed a piracy appeal, upholding convictions for participation in a pirate ship and attempted piracy, and confirming concurrent prison terms.
Roble & Ors v R (SCA 19 of 2013) [2015] SCCA 24 (28 August 2015)
The convictions of the 1st, 2nd, 3rd, 5th, and 6th appellants for piracy were supported by admissible evidence, specifically the res gestae VHF transmission and circumstantial evidence, and the prosecution case was proved beyond reasonable doubt. The prosecution of the 4th appellant, a minor, without the Attorney General's fiat was unlawful and his conviction and sentence were quashed. The sentence for the second count was set aside as redundant, and the remaining sentence of 12 years for the first count was not manifestly excessive. The omission of section 22 from the charge sheet was not fa…
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Shire & Ors v R (SCA 31 of 2014) [2015] SCCA 25 (28 August 2015)
The Court of Appeal quashed seven piracy convictions, holding the circumstantial evidence did not prove individual voluntary participation or knowledge beyond reasonable doubt.
Barre & Ors v R (SCA 7 of 2013) [2015] SCCA 2 (17 April 2015)
The convictions were quashed because the identification evidence was unreliable and improperly obtained, the charges were defective, and the trial judge failed to consider material contradictions and doubts in the prosecution case, rendering the convictions unsafe and unsatisfactory.
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