ex parte Government of Seychelles (XP 144/2021) [2021] SCSC 995 (17 September 2021)

SUPREME COURT OF SEYCHELLES Reportable [2021] SCSC bO~ XP 144/2021 In the ex parte matter of: THE GOVERNMENT OF SEYCHELLES (rep. by Nissa Thompson) Applicant Neutral Citation: Government of Seychelles (XP 144/2021) [2021] SCSC~17 September Before: Summary: Heard: Delivered: 2021). Burhan J For an Interim Order pursuant to Section 3 of the Proceeds of (Crime Civil Confiscation) Act 2008 as amended prohibiting the Respondent or any other person specified in the order form disposing of or otherwise dealing with whole or any part of the property set out in the table appended to this notice of motion etc, 15 September 2021 17 September 2021 ORDER a. I allow this application and issue an interim order under section 3 of POCA prohibiting the disposal of, dealing with or diminishing in value of the specified property set out as item 1 in the Table to the Notice of Motion namely one grey Daihatsu Terios jeep bearing registration number Sl016 valued at SCR 150,000.00. b I further appoint Inspector Terrence Roseline to be the Receiver of the said specified property and to hold the same as set out in paragraph [1] (3) herein until further orders from this Court. c. I further make order that a copy of this order be served on the Respondent Richard John Louis at Cascade Mahe (Paragraph 5 of the Affidavit). BURHANJ [1] This is an ex-parte application under section 3 of the Proceeds of Crime (Civil Confiscation) Act 2008 (POCA) as amended. The Applicant seeks the following reliefs. (1) That this Ex-Parte application is listed and heard as a matter 0.1extreme urgency as per rule 7 (1) of the Proceeds of Crime (Civil Confiscation) Act. (2) For an Interim Order pursuant to section 3 or the Proceeds of Crime (Civil Confiscation) Act 2008 as amended prohibiting the Respondents or any other person specified in the order from disposing of or otherwise dealing with whole or any part of the property set out in table to the Notice of Motion; (3) That on the making 0.1an order under (1) above, Inspector Terence Roseline or such other person as this court shall direct be appointed as Receiver over all or part of the said property to manage, keep possession or dispose of or otherwise deal with any other property in respect of which he is appointed in accordance with the courts directions, pursuant to section 8 of the Proceeds of Crime (Civil Confiscation) Act 2008 as amended. (4) For an orderprovidingfor Notice of any such order to be given to the Respondents or any other person directed by the court,' (5) Such further or other order as the court shall deem just and proper in all circumstances in this case. [2] I have considered the details contained in the affidavit dated 13th September 2021 of Inspector Terrence Roseline attached to the Financial Crime Investigative Unit (FCIU). It is clear on perusal of the said affidavit and annexures attached therein that Inspector Terrence Roseline has conducted detailed investigations in respect of the specified property namely one grey Daihatsu Terios jeep bearing registration number S 10 16 valued at SCR 150,000.00 as set out in the Table to the Notice of Motion. [3] Learned Counsel Ms Nissa Thompson moving for the aforementioned orders, relies on the contents of the affidavit filed by Inspector Terrence Roseline in order to establish that there are clearly reasonable grounds for suspecting that the said specified property referred to above registered in the name of Richard John Louis (Respondent), constitutes benefit accrued from criminal conduct namely trafficking in controlled drugs and money laundering and to establish that the property in question set out in the Table of the Notice of Motion has a value of more than SCR 50,000. [4] Learned Counsel Ms Thompson also referred to the facts stated in paragraph 9 of the affidavit that further investigations revealed that the said vehicle was registered in the name of Richard John Louis and to affirm same the Certificate of Vehicle Registration of the said vehicle issued by the Seychelles Licensing Authority was produced as exhibit TR 1. [5] The affidavit further describes the incidents of 24th May 2021 the day the Respondent was arrested by the Officers of the ANB while driving the said vehicle. Controlled drugs were found in his vehicle and in the residence of the Respondent. In addition a total sum of SCR 32,475.00 was found in his residence together with 840 grams of a Class A drug Heroin, Cannabis Resin having a weight of980 grams and Cannabis having a weight of920 grams. In addition with 4 pills of Ecstasy were also found. Paragraph 17 of the affidavit further states that the said Richard John Louis has now been charged for Possession of a controlled drug and Trafficking in same. [6] When one considers paragraphs 19 to 29 details of the income of the Respondent including details of cash deposits and withdrawals are set out in respect of his savings account and It is apparent that his salary from Air current account Seychelles had stopped coming into his account after the 1O'" of April 20] 8. Although there at the Mauritius Commercial Bank. was a drop in the cash income for the year 2019, cash deposits had increased considerably in the year 2020. The affidavit refers to deposits of SCR 95,000 between the period 141h January and 30th January 2020. It is stated in the affidavit that the Respondent was the registered owner of a business by the name of Richard Cleaning Services and his income tax returns for the period 2018-2019 indicate no income and therefore no tax was payable. On perusal and analysis of the facts contained in the affidavit, this Court is satisfied that the Respondent was not generating income from any legal source either by way of a salary or business to buy the said vehicle. [7] I am therefore satisfied on the information contained in the affidavit that there are reasonable grounds to believe that the property namely one grey Daihatsu Terios jeep bearing registration number S10 16 valued at SCR 150,000.00 as set out in the Table to the Notice of Motion constitutes, directly or indirectly, benefit from criminal conduct. I am also satisfied that the value of the impugned property is not less than SCR 50, 000. [8] I therefore make the following orders: a 1 allow this application and issue an interim order under section 3 of POCA prohibiting the disposal of, dealing with or diminishing in value ofthe specified property set out as item 1 in the Table to the Notice of Motion namely one grey Daihatsu Terios jeep bearing registration number Sl016 valued at SCR 150,000.00. b I further appoint Inspector Terrence Roseline to be the Receiver of the said specified property and to hold the same as set out in paragraph [1] (3) herein until further orders from this Court. c I further make order that a copy of this order be served on the Respondent Richard John Louis at Cascade Mahe ( Paragraph 5 of the Affidavit). ivered at Ile du Port on 17 September 2021 ./Burhan J 4