Ashley Labiche v Commission of Inquiry (MC 27/2020) [2020] SCSC 514 (9 June 2020)

SUPREME COURT OF SEYCHELLES Reportable [2020] SCSC 306 MC 27/2020 Petitioner In the ex parte matter of: ASHLEY LABICHE AND OR (rep. by Mr. Frank Elizabeth) and COMMISSION OF INQUIRY (rep. by) Respondents Neutral Citation: Ashley Labiche & Or v Commission a/Inquiry MC 27/2020 [2020] SCSC Before: Summary: Heard: Delivered: 306 9 June 2020. R. Govinden J, Leave to proceed to file judicial review petition is granted Decision made ex parte and on the face of the Application 9 June 2020 ORDER together with Leave to proceed is granted to the petitioners. Notice be served on the respondent the petition, affidavit and all the connected documents and exhibits. The respondent is also ordered to forward to the court the decision of the Commission of Inquiry dated the 8th of February 2020 and the record of proceedings of the said Commission of Inquiry relating to this decision. RULING R. GOVINDEN, J [1] The petitioners are seeking, ex parte, leave of this court to commence proceedings for judicial review against the respondent. The petitioners are two Anti Narcotic Bureau police officers who appeared as witnesses before the respondent . The respondent is a Commission ofInquiry appointed by the President of the Republic on the 17th of February 2020 pursuant to the Commission oflnquiry Act ( CAP 39). [2] The decision of the Respondent complained against is stated to be a decision of the respondent conveyed to the President of the Republic in a Report on or around the 11th of April 2020. A copy of the Report of the Respondent dated the 8th of February 2020 has been made available to this court. [3] The relief sought by the petitioners includes, inter alia, the averments that an order is being sought granting leave to proceed to the Petitioners and thereafter to direct the Registrar of the Supreme Court to serve notice on the Respondent together with the Petition, affidavit and all the connected documents and exhibits. [4] I have scrutinized the petition and supporting affidavits filed in this matter, I do this whilst bearing in mind that at this stage I am only to consider issues relating to the granting of the petitioners leave to proceed under the provisions of Supreme Court (Supervisory Jurisdiction over Subordinate Courts, Tribunals and Adjudicating Authorities) Rules, S I No 40 of 1995. This court has to make this decision under Rule 9 of the said Rules. [5] Having done so, I am satisfied that the petitioners has sufficient interest in the petition and that it is made in good faith. Accordingly, I hereby grant leave to proceed to the petitioners. I further direct that notice be served on the respondent together with the petition, affidavit and all the connected documents and exhibits. The respondent is also ordered to forward to this cOUIithe decision of the Commission of Inquiry dated the 8th of February 2020 and the record of proceedings of the said Commission of Inquiry relating to this decision. Signed, dated and delivered at Ile du Port on 9 June 2020. R. Govinden, J 2