R v AC (CO 81/2021) [2021] SCSC 999 (23 September 2021)

SUPREME COURT OF SEYCHELLES Tnthe matter between: THE REPUBLIC (rep. by Luthina Monthy) and A (rep. by Daniel Cesar) C S Reportable [2021] sese Gl C08112021 Republic Accused (C081 12021) [2021] SCSC Republic), Burhan J 09th September 2021 23rd September 2021 ORDER Neutral Citation: Before: Heard: Delivered: BURHANJ 6~5(23rd September 2021) [1]· The accused has been charged with several counts of Sexual Assault on a minor between the years 2018 and 2021. The minor was seven years old at the time of the first assault. [2] I have considered the submissions of learned Counsel Mr. Cesar on behalf of the accused in respect of bail which is supported by the affidavit of the accused dated 3rd September 2021. In the said affidavit the main grounds urged by the accused are that: a) He denies the allegations made against him. b) He states these allegations have been made up by the mother of the child to have him incarcerated so that she could leave the Seychelles Jurisdiction with his children. c) Prior to these allegations being levied against him and his arrest, he had obtained from the Family Tribunal an Interim Order through his lawyer Mr. Wilby Lucas preventing his children from leaving the jurisdiction and an order for Social Services to investigate his estranged wife's abusive and neglectful behaviour whom he suspects is abusing herself by taking drugs. d) The Family Tribunal granted an Interim Order preventing the mother taking the child and leaving the jurisdiction and an investigation has begun and the children removed from the custody of his estranged wife and been kept at the Presidents Village. e) The allegations made against him are false and his daughter was forced to make these false allegations by her mother who further told his daughter falsely that he is planning to kill them. f) He is a person of good character and good standing with the community and strong links with the church and is willing to reside separately away from the complainants if necessary and not interfere with the witnesses. [3] Learned Counsel for the prosecution objects to the accused being released on bail on the basis of the seriousness of the charge and the possibility of the accused interfering with the witnesses the victim being a minor and known to the accused. [4] When one considers the initial Order dated 6th August 2021 given by the learned Trial Judge it is apparent that almost all the aforementioned circumstances including the seriousness of the offence, the report from England regarding the mental health of the mother, the need to protect a child victim when there is a need and the presumption of innocence does not preclude a Court from remanding an accused into custody provided the derogations to the right of liberty as contained in Article 18 (7) of the Constitution exist, have already been taken into consideration by the learned Trial Judge in the said Order. [5] It is the view of this Court that it is too premature at this stage for this Court to determine the other issue raised by learned Counsel for the accused that it is a false complaint. [6] I am satisfied of the seriousness of the charges framed against the accused and as the victim is a minor child, well known to the accused and presently not under any maternal care or in the care of a close relative, substantial grounds exist to believe that the accused if released on bail would interfere or influence the child in the face of such serious charges. I am therefore satisfied that substantial grounds exists for the further remand of the accused into custody. The application for bail is declined. [7] The need to consider stringent conditions therefore does not exist. elivered at Ile du Port on 23rd September 2021. ~ ..;;'~. o r-----:.y/ M Burhan J r 3