R v Bijoux (CO 63/2013) [2018] SCSC 8087 (22 February 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 63/2013 [2018] SCSC ) D0 THE REPUBLIC versus CLAUDETTE BIJOUX Accused Heard: Counsel: 27-09-2016,28-09-2016,05-04-2017,11-09-2017. Mr. Ananth Subramaniam, Assistant Principal State Counsel for the Republic Mr. Nichol Gabriel Attorney at Law for the accused Delivered: 23 February 2018 JUDGMENT Burhan J [1] The accused Claudette Bijoux was charged as follows: Count 1 Personating as public ofjicer contrary to Section 100 (b) of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere, Mahe during the period from November 2010 to May 2013, falsely representing as public servant by saying that she is working with the Vice President's Office, State House, Victoria, Mahe and as such she can obtain citizenship for Mr. Alessandro Pagano and his family by virtue of her employment at the Vice President's Office State House Victoria Mahe. Count 2 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere, Mahe on the 9th November 2010 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Macabee, Mahe a sum of rupees 25,0001-SRby encashing a cheque dated 9th November 2010 bearing number 4065628 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe by falsely pretending that she is working as apublic servant at the VicePresident's Office State House Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily Count 3 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that Claudette Bijoux of Belvedere, Mahe on the 15th November 2010 at Victoria, Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,000/-SR by encashing a cheque dated 15th November 2010 bearing number 4065637 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria, Mahe by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such can obtain citizenship for the said Alessandro Pagano and hisfamily. Count 4 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that Claudette Bijoux of Belvedere, Mahe on the 26111 November 2010 at Victoria, Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,000/-SR by encashing a cheque dated 261h November 2010 bearing number 226340 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. CountS Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Claudete Bijoux of Belvedere Mahe on the 2nd December 2010 at Victoria, Mahe with intent to defraud, obtained from Alessandro Pagano of Macabee, Mahe a sum of rupees 25,000/-SR by encashing a cheque dated 2nd December 2010 bearing number 4069416 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House Victoria Mahe and as such can obtain citizenship for the said Alessandro Pagano and hisfamily. Count 6 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere, Mahe on the 3rdDecember 2010 at Victoria, Mahe with intent to defraud, obtained .from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,0001-SR by encashing a cheque dated 3/'dDecember 2010 bearing number 226340 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria, Mahe by falsely prentending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such can obtain citizenship for the said Alessandro Pagano and his family. Count 7 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere, Mahe on the 6th December 2010 at Victoria, Mahe with intent to defraud, obtained from Alessandro Pagano of Macabee, Mahe a sum of rupees 45,0001-SRby encashing a cheque dated 6th December 2010 bearing number 4069420 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria, Mahe by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such obtain citizenship for the said Alessandro Pagano and hisfamily. Count 8 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Claudette Bijoux of Belvedere, Mahe on the 51h January 2011 at Victoria, Mahe with intent to defraud, obtained from Alessandro Pagano of Macabee, Mahe a sum of rupees 25,0001-SR by encashing a cheque dated 51h January 2011 bearing number 4069434 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria, Mahe byfalsely pretending that she is working as public servant at the Vice President's Office, State House, Victoria, Mahe and as such can obtain citizenship for the said Alessandro Pagano and hisfamily. Count 9 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that Claudette Bijoux of Belvedere, Mahe on the 12thJanuary 2011 at Victoria, Mahe with intent to defraud., obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,OOO/-SRby encashing a cheque dated 12thJanuary 2011 bearing number 4069435 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria, Mahe by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 10 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 18thJanuary 2011 at Victoria Mahe with intent to defraud., obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,000/-SR by way of cash payment by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such can obtain citizenship for the said Alessandro Pagano and hisfamily. Count 11 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 26thJanuary 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,000/-SR by way of cash payment by falsely pretending that she is working as a public servant at the Vice President's Office, State House, Victoria, Mahe and as such can obtain citizenship for the said Alessandro Pagano and his family. Count 12 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Claudette Bijoux of Belvedere Mahe on the 15th February 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,OOO/-SRby encashing a cheque dated 15th February 2011 bearing number 4070758 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 13 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that Claudette Bijoux of Belvedere Mahe on the 16th March 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,OOO/-SRby encashing a cheque dated 16th March 2011 bearing number 226316 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 14 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 29th March 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,000/-SR by encashing a cheque dated 29th March 2011 bearing number 226320 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenship for the said Alessandro Pagano and his family. Count 15 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 30thMarch 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 25,000/-SR by encashing a cheque dated 30thMarch 2011 bearing number 226323 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 16 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 4thMay 2011 at Victoria Mahe with intent to defraud, obtainedfrom Alessandro Pagano of Machabee, Mahe a sum of rupees 25,0001-SR by encashing a cheque dated 4th May 2011 bearing number 4070786 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe byfalsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 17 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 8thJune 2011 at Victoria Mahe with intent to defraud, obtainedfrom Alessandro Pagano of Machabee, Mahe a sum of rupees 10,OOO/-SRby encashing a cheque dated 8thJune 2011 bearing number 4079067 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe byfalsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenship/or the said Alessandro Pagano and hisfamily. Count 18 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 12thJune 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 20,OOO/-SRby encashing a cheque dated 12thJune 2011 bearing number 4079093 drawn on the account of the said Alessandro Pagano maintained with the Bank of Baroda, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 19 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that; Claudette Bijoux of Belvedere Mahe on the sl" August 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum ofrupees 10,OOO/-SRby encashing a cheque dated 3jSt August 2011 bearing number 309001 drawn on the account of the said Alessandro Pagano maintained with the Barclays bank, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenship for the said Alessandro Pagano and his family. Count 20 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 16th September 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 10,OOO/-SRby encashing a cheque dated 16th September 2011 bearing number 309002 drawn on the account of the said Alessandro Pagano maintained with the Barclays bank, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 21 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 30th October 2011 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 10,OOO/-SRby encashing a cheque dated 30th October 2011 bearing number 309006 drawn on the account of the said Alessandro Pagano maintained with the Barclays bank, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipfor the said Alessandro Pagano and hisfamily. Count 22 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe on the 5th April 2012 at Victoria Mahe with intent to defraud, obtainedfrom Alessandro Pagano of Machabee, Mahe a sum of rupees 15,000/-SR by encashing a cheque dated 5th April 2012 bearing number 309007 drawn on the account of the said Alessandro Pagano maintained with the Barclays Bank, Victoria Mahe by falsely pretending that she is working as a public servant at the Vice President's Office State House, Victoria Mahe and as such can obtain citizenshipjar the said Alessandro Pagano and hisfamily. Count 23 Obtaining goods by false pretence contrary to Section 297 of the Penal Code and punishable of the same. Particulars of offence are that, Claudette Bijoux of Belvedere Mahe during the period November 2010 at Victoria Mahe with intent to defraud, obtained from Alessandro Pagano of Machabee, Mahe a sum of rupees 7,456/-SR towards immigration processing fees by falsely pretending that she is working as a public servant working at the Vice President's Office, State House, VictoriaMahe. Count 24 Stealing contrary to Section 260 read with Section 253(1) of the Penal Code and punishable under Section 260 of the Penal Code. Particulars of offence are that, Claudette Bijoux of Belvedere, Mahe during the period November 2010 to April 2012 stole a sum of rupees SR 470,000/- from Alessandro Pagano which is the property of the said Alessandro Pagano by fraudulently receiving the said money under the pretext of obtaining citizenshipfor him and hisfamily. Evidence of the Prosecution [2] The accused denied the charges and the prosecution opened their case by calling witness Marie Jeanne Simeon who stated that she was working as the Principal Secretary at the Vice President's office. She stated that on the 7th of October 2013, she had received a letter from Superintendent Ted Barbe for confirmation whether the accused Claudette Bijoux was employed in the Vice President's office as she was involved in a criminal case. The letter was produced as Exhibit PI. She had replied by letter dated 14thOctober 2013 that Claudette Bijoux was not an employee of the Vice President's office. The said letter was produced as P2. Under cross examination, she stated the Vice President was a member of the Central Committee of the Cascade District. She further stated she did not deal with the political role of the Vice President and only dealt with his Executive role as Vice President. She stated she was unaware that the accused Claudette Bijoux was mandated to seek funding for the party. [3] Mr. Flint Gappy, a police officer attached to the Commercial Crime Unit stated that he had conducted investigations in this case in regards to a complaint lodged by Mr. Alessandro Pagano who had made a complaint against one Claudettte Bijoux, stating that she had misrepresented herself saying that she was working in the Government and that she could provide him citizenship. He stated he had received the complaint from the Head of the Department and had proceeded to investigate the said complaint. On the 15th of October 2013, he had apprehended the accused Claudette Bijoux who he identified in open Court as the accused. He had thereafter issued warrants to the Barclays Bank and the Baroda Bank and obtained from the banks the originals of the cheques issued by the complainant and cashed by the accused. He stated that the complainant had provided a list also referred to as a spread sheet containing details of cheques issued by him to the accused Claudette Bijoux, for the purposes of payment for obtaining citizenship in the Seychelles for his family, his friends, Jefferey Stephans, Nick Budd and Hugh Watts. The said list was produced as P3. Based on the said list, witness had issued warrants on the banks. He had received 17 cheques from the Bank of Baroda pertaining to this case which were cheques issued from the account of Mr. Pagano and proceeded to produce them in Court as follows; Bank of Baroda cheque No 4069420 dated 6thDecember 2010 in a sum of SR 45,000.00 was produced as item 1 subsequently marked as exhibit P 16. Bank of Baroda cheque No 4065627 dated 9thNovember 2010 in a sum of SR 1000 was produced as item 2 subsequently marked as exhibit P17. II Bank of Baroda cheque No 4065628 dated 9thNovember 2010 in a sum ofSR 25,000.00 was produced as item 3 subsequently marked as exhibit P18. Bank of Baroda cheque No 4069434 dated 3pt December 2010 in a sum ofSR 25,000.00 was produced as item 4 subsequently marked as exhibit P19. Bank of Baroda cheque No 4069435 dated 12thJanuary 2011 in a sum of SR 25,000.00 was produced as item 5 subsequently marked as exhibit P20. Bank of Baroda cheque No 4065636 dated 15thNovember 2010 in a sum ofSR 1000 was produced as item 6 subsequently marked as exhibit P21. Bank of Baroda cheque No 4065637 dated 15thNovember 2010 in a sum of SR 25,000.00 was produced as item 7 subsequently marked as exhibit P22. Bank of Baroda cheque No 4065648 dated 25th November 2010 in a sum of SR 750 was produced as item 8 subsequently marked as exhibit P23. Bank of Baroda cheque No 4070758 dated 15 February 2011 in a sum of SR 25,000.00 was produced as item 9 subsequently marked as exhibit P24. Bank of Baroda cheque No 4079067 dated 8th June 2011 in a sum of SR 10,000.00 was produced as item 10 subsequently marked as exhibit P25. Bank of Baroda cheque No 4070786 dated 4th May 2011 in a sum of SR 25,000.00 was produced as item 11 subsequently marked as exhibit P 26. Bank of Baroda cheque No 4069411 dated 3rd December 2010 in a sum of SR 750 was produced as item 12 subsequently marked as exhibit P27. Bank of Baroda cheque No 4069412 dated 9th December 2010 in a sum of SR 1000 was produced as item 13 subsequently marked as exhibit P28. Bank of Baroda cheque No 4079093 dated 12 July 2011 in a sum of SR 20,000.00 was produced as item 14 subsequently marked as exhibit P29. Bank of Baroda cheque No 4069415 dated 2 December 2010 in a sum of SR 1,050 was produced as item 15 subsequently marked as exhibit P30. Bank of Baroda cheque No 4069414 dated 2nd December 2010 in a sum of SR 1,050 was produced as item 16 subsequently marked as exhibit P31. Bank of Baroda cheque No 4069416 dated 2nd December 2010 in a sum of SR 25,000.00 was produced as item 17 subsequently marked as exhibit P32. [4] He produced the letter of the Bank of Baroda referring to the aforementioned cheques as item 18 and the relevant bank statements as Item 18a, subsequently marked as P40 and P40a. [5] He had received a further 8 cheques from the Barclay's Bank pertaining to the case which were cheques issued from the account of Mr. Pagano and proceeded to produce them in Court as follows; Barclays Bank cheque No 309007 dated 5th April 2012 in a sum of SR 15,000.00 was produced as item 19 subsequently marked as exhibit P33. Barclays Bank cheque No 309013 dated 19th April 2012 marked as item 20 was withdrawn. Barclays Bank cheque No 309002 dated 16th September 2011 in a sum of SR 10,000.00 was produced as item 21 subsequently marked as P34. Barclays Bank cheque No 309001 dated 29th July 2011 in a sum of SR 10,000.00 was produced as item 22 subsequently marked as P35. Barclays Bank cheque No 226323 dated 30th March 2011 in a sum of SR 25,000.00 was produced as item 23 subsequently marked as P36. Barclays Bank cheque No 226320 dated 29th March 2011 in a sum of SR 25,000.00 was produced as item 24 subsequently marked as P37. Barclays Bank cheque No 226316 dated 9th March 2011 in a sum of SR 25,000.00 was produced as item 25 subsequently marked as P38. Barclays Bank cheque No 309006 dated 30th October 2011 in a sum of SR 10,000.00 was produced as item 26 subsequently marked as P39. [6] He further stated that the account from which all these cheques were issued were from the complainant Mr. Alessandro Pagano. Some of the cheques were issued in the name of the accused Claudette Bijoux while the others were cash cheques. Further, 24 bank statements were produced from the period of 07th September 2010 to 26th December 2012 as item 27 and subsequently marked as P41. [7] Thereafter, witness had issued a further wan-ant on the Mauritius Commercial Bank (MCB) for the bank statements from the period opt January and 29th October of the account of the accused Claudette Bijoux marked as item 28. He further produced the warrant and bank statements of Seychelles Credit Union as item 29. Document issued by Seychelles Credit Union as Item 30 and statement of Seychelles Credit Union Bank as item 31. He identified letter P2 as that received from the Principal Secretary of the Vice President's office. [8] Under cross examination, witness stated that he was unaware that the Vice President was a Central Committee member for Cascade. He stated he was unaware that the accused was mandated to collect funds by the SPPF (Seychelles People's Progressive Front) or to raise funds for the MNA (Member of National Assembly) Roma of Plaisance. He was informed unofficially she was raising funds for a family whose house was burnt. It was suggested to him that all the money relating to the bank accounts produced in Court were taken to payoff SPPF Members of Parliament. Witness in answer to these questions, replied that his investigation was based on facts and not rumours. He stated he could not recall whether the accused was remanded and stated that Rhodes Trusts was a Company of the complainant Mr. Pagano. He stated he had met bank officials during the course of his investigation but could not recall all their names. He had not interviewed the Vice President. [9] The next witness called by the prosecution was the complainant Mr. Alessandro Pagano. He stated he was an Australian citizen and was the Managing Director of a Corporation that offers Fiduciary and Financial Services. He stated he had made a complaint against the accused for having misrepresented herself for an extended period of time from November 2010 till May 2013. He stated she had taken up to SR 470,000.00 from himself and his wife and daughter for obtaining citizenship for them. He stated his wife's name was Gentry Jordan and his daughter's name was Helene Pagano. He identified the accused as Claudette Bijoux. She had intimated to him that she was an employee at the Vice President's office and had asked how long he had been in the country and whether he was a citizen. He had stated he had applied and was rejected. [10] It appears from his evidence that thereafter, the accused Claudette Bijoux had volunteered to assist him obtain citizenship and informed him the Vice President had said that not only he but his family too could get citizenship and payments could be made progressively to obtain same. He had accordingly begun to pay her sums of money and she would state that the auditors in the Vice President's office have informed her, the next payment was due and he accordingly made the payments requested by her but kept a record of all the payments he was making on a spread sheet (P3). The purpose he said he made these payments was to obtain citizenship. The payments included documentation fees and fees for obtaining citizenship. He said a sum of SR 7,500 was paid for adverts in the nation and for gazette notification and passport application. A further sum of SR 470,000.000 was paid to her for obtaining citizenship by way of 18 cheques from the Bank of Baroda account and 9 cheques from the Barclay's account and 2 Cash Plus payment. She had stated they would get the official receipts when they received their passports. Witness identified the list or spread sheet P 3 maintained by him in respect of payment made to the accused Claudette Bijoux in respect of citizenship. [11] Witness Alessandro Pagano, further stated that the accused was very convincing in making him believe that she was a person working with the Government in the way she spoke about her employment, her mannerisms, her knowledge of the Government, her contacts and portrayed such an image even on face book. She portrayed that the person she most admired was the Vice President but eventually one of his friends had an appointment with the Vice President and on meeting him the Vice President had denied .she was working with him and her scam was uncovered. [12] Witness further stated she had taken their applications for citizenship to the Immigration. He had received an acknowledgement and then a rejection of his application. His wife had received an acknowledgment of the receipt of the application, then more information was called for but nothing else was received and his wife's application has never been concluded to this day. When he had informed the accused his application for citizenship had been rejected, she had stated it was a mistake and had arranged an interview with Minister Joel Morgan but she had not come. He had been questioned by the Minister about other matters and in fact the Public Relations Officer had informed him he had fared well at the interview. However, he was informed subsequently by letter marked P 14, that his appeal to the rejection of his citizenship was unsuccessful. [13] Witness identified P3 as the spreadsheet he referred to in his evidence maintained by him and his wife. The name Sandro was in reference to him as Sandro was the short version of Alessandro, while Gentry was his wife and Helene, his daughter. He stated according to P3 the total sum paid to Claudette Bijoux was SR 470,000.00 excluding disbursements for Newspaper adverts. Certain receipts given by the accused were produced as P4 and PS. The fee schedule of the Immigration office obtaining citizenship for them given to them by the accused was produced as exhibit P6. His wife's application for citizenship was produced as P8. The newspaper adverts of 9th December 2010 in regards to his wife and his application for citizenship was produced as P 9 and P10. The gazette publication dated 13thDecember 2010 giving their intention to apply for citizenship was produced as P1l. Letter of acknowledgement of his application for citizenship was produced as exhibit P12. Letter dated 7thMarch informing him his application had not been approved was produced as P13. Witness also produced the Skype photograph of the accused as PIS showing how she liked to portray herself on social media. [14] He identified cheques P16 to P39 and stated these were cheques issued to the accused Claudette Bijoux. She had signed documents P4 and P5 in receipt of some of these cheques and he stated that some cheques were from his personal account while others were from his joint account with his wife. All issued cheques corresponded to his accounts maintained in respect of payments to Claudette Bijoux in document P3. He stated all the cheques P16 to P39 totalled a sum of SR 470,000.00. She would after each payment come back and say the auditors in State House have requested the next payment and their passports were imminent. He further stated she was never an employee of their company Rhodes Trust and he was forced to make a police entry against her as he had received a telephone call from some of his suppliers saying that the accused would come and state to them she was working for him and asked for goods on credit. [15] The prosecution thereafter called the wife of Mr. Pagano, Gentry Helene Jordan who stated she had got to know the accused through one Mr. Hugh Watts a mutual friend. She corroborated the evidence of her husband in that the accused had led them to believe that she was working in the Vice President's Office and that she could help them obtain citizenship in the Seychelles for the entire family. They had said they could not pay but she had made a phone call in their presence and thereafter informed them that they could pay in instalments. Thereafter they had applied and begun making payments to her which they kept detailed in the spread sheet P3. She too stated the payments made to the accused between the period November 2010 and April 2012 totalled a sum of SR 470,000.00 and SR 7,456. It is apparent from her evidence that some of the Bank of Baroda cheques issued were signed by Mr. Pagano and by her as it was a joint account. She stated the cheques were issued to Claudette Bijoux, the accused, for the payment of their citizenship which was done in instalments. She also identified the cheques from Barclays Bank produced as exhibits and stated these cheques had been issued from the Pagano Client Account signed by both Mr. Pagano and herself and were issued to the accused Claudette Bijoux for the obtaining of citizenship. She further stated to her knowledge the accused had cashed all the cheques. [16] Witness identified her application for citizenship as P8. She had applied and paid but up to date she had not received her citizenship. She stated that she and her daughter had not received any letter saying their application was pending. She admitted she knew her husband's application had been rejected. She stated she was unaware her application was still pending as suggested by defence counsel. She further stated that when they heard from Mr. Laporte that the Vice president had stated, he did not know this person, they had confronted her and the accused had admitted to her that she had been lying the whole time including the fact that she was on dialysis daily and had admitted her guilt. [17] Mrs. Julie Monthy, an employee of the Bank of Baroda identified the cheques marked P16 to P32. She confirmed the fact that Mr. Pagano had a bank account, a savings account bearing number 90210100002396. She identified exhibit P14 as a document issued by the Bank of Baroda which was a statement of his bank account for the period of 9th November 2010 to the 4th of June 2011. She identified the cheques P16 to P32 as cheques from the Bank of Baroda and issued from the joint account of Mr. Pagano and Gentry Jordan. She stated that except for cheques P30 and P31, all other exhibited cheques were cashed by Claudette Bijoux and she had placed her signature at the back of the cheque. Under cross examination, she stated that the cheques were not forged and had been legally issued to her and signed by the account holders. [18] The other witness Danny Pierre stated that he was the Head of Collection and Recovery at the Barc1ays Bank. He stated that the current account 1004686 was the account number of Mr. Alessandro Pagano. The bank statement pertaining to the said account was marked as P41. The statement referred to the period of September 2010 to January 2013. He described the procedure of withdrawing money by cheques. He identified exhibits P33 to P39 as being cheques issued by the Barclays Bank. He stated the cheques had been cashed by Claudette Bijoux. Mr. George Cherry, a Senior Immigration officer stated that he had informed the investigating officer Mr. Gappy and others present that according to the documents available to the Department of Immigration, Mr. Alessandro Pagano had applied for citizenship on the 26th of July 2009 and it was not approved. He had applied again in 2011 and his application was turned down on the 3rd of March 2011. Mrs. Gentry had applied but certain documents were missing from her file and her application was kept pending. He identified document P 12 as an acknowledgment receipt of the application ofMr. Pagano. He stated document P13 indicated that the application had not been approved. He identified the signatures of Mrs. P. Meme and Mr. Elizabeth on the said documents. He stated that the fee for citizenship under normal circumstances was SR 150,000.00 and under special circumstances SR 250,000.00. The processing fee was SR 1000. He further stated that normally, after the application was processed and if the application was approved, only then would payments for citizenship be made. Thereafter the prosecution closed its case. Evidence of Defence [19] The accused Claudette Bijoux in her defence chose her right to remain silent. No adverse inference should be drawn from the fact that she chose to remain silent. She thereafter proceeded to call several witnesses. Roma Edmond, stated she is currently working with the agency for Social Protection as the Deputy CEO. She stated in 2010, she was the District Administrative Officer for Plaisance. She further stated she was involved in working with the community and members of the public and that would involve soliciting funds for activities for children, old people and sick persons. They would collect extra funds from Companies and other organizations. She stated she was elected as an MNA for Plaisance and knew Claudette as her name appeared on the list for allocation of houses. Claudette gave assistance through the DA's office. She had met Mr. Pagano as he wanted to meet her, as he wanted to know where his sponsorship money was going in the district of Plaisance. She admitted that Claudette Bijoux had brought a lot of things to the community of Plaisance that she helped a lot. She further stated her family's house was burnt down but Mr. Pagano had not made a contribution. She stated that she had never asked Claudette to collect any funds for getting citizenship for Mr. Pagano. [20] Her next witness, Claudette Louise stated that she is the District Administrator for Plaisance. She knew Claudette the accused, since 2010, the time she took office. She stated the accused had taken over the Chairmanship of the Committee of the Family Council. She was very active and helpful. She had helped out by knocking on doors and collecting funds and helping out in disaster time. She had never met a Mr. Pagano but only heard about him. She stated she had not told Claudette to collect funds by promising citizenship to people. Denise Clarisse stated that she was a District Administrator for 10 years and lived at Beau Vallon. She stated Claudette was her elder sister. She stated that Claudette had assisted a family whose house was burnt and made arrangements for them to be moved to Hanneman Apartments. She had also assisted persons during the 'Feleng' Cyclone where people had to be moved to the police academy. Claudette came every morning and evening and brought food, clothes and other things. She had acted like a good Samaritan on her own free will. [21] Mr. Bernard Adonis stated he was a legal Counsel and stated he was a member of the National State Assembly from May 2007 until August 2011. He knew Claudette from the time he was a candidate and MNA of Plaisance as she was one of the activists and an SPPF supporter. She was part of the organizing committee and an active committee member. He had collected a hired car from her once at the request of Roma Aglae and could not say if she was requested to sponsor l G cars and 9 buses to transport people. He stated he had never asked Claudette to collect funds from any person. The last witness for the defence, Pastor Robert Momou, stated he was currently working for an international organization called "Every Home for Christ". He stated he was the Chairman of the Family Council of Seychelles. He knew Claudette as she was Chairperson of the Plaisance Family Council. He stated when she was in Plaisance, Claudette was organizing a lottery and was seeking sponsorship for prizes. He had never met Mr. Pagano or Mrs. Gentry Jordan. She would raise sponsorship for a family fun day at the playground and stated she was very industrious. He stated the cash collected was kept in a Family Council bank account. There was an issue about the money which he had to go and personally sort out and the money was returned. [22] Thereafter the defence closed its case and both parties made submissions. Analysis of Evidence. [23] When one considers the defence, borne out by the evidence of the witnesses for the accused and arising from cross examination, it appears the defence is based on the fact that, as the citizenship application of Alessandro Pagano was rejected due to no fault of the accused and the citizenship application of his wife is still pending, awaiting more documentation from the applicant, the accused has been unnecessarily brought to Court. However, the accused has not been charged with failing to get the victims their citizenship. She has been charged for fraudulently obtaining large sums of money from the victims, on the false pretext that they had to pay it for their citizenship. The evidence of George Cherry is vital to show that it was only after an application for citizenship was approved, was payment amounting to either SR 150,000.00 or 250,000.00 due from an applicant. In this instant case, the victim's applications had not been approved but the accused had collected large sums of money, on the basis that the auditors in State House were requesting payments for their citizenship which was false. The evidence also indicates that other than the incidental expenses for application, advertisement, gazette notification and payments totalling a sum of SR7500 being paid, no other payments had been made to the Immigration authorities by the accused in respect of citizenship, despite having received moneys as set out in the charges framed against her. [24] When one considers the evidence of the witnesses called by the defence, it appears that the accused was an active member for the SPPF political party and involved in charitable and community based work. She had assisted several persons in the community during cyclone 'Feleng' and when the house of one Roma Aglae was burnt. This evidence has no bearing on the charges she faces. All witnesses deny that they had asked her to collect money from Mr. Pagano for citizenship. For the aforementioned reasons, I see no merit in the defence of the accused and proceed to reject same. [25] I have considered the evidence before Court and am satisfied with the evidence of Mr. Alessandro Pagano and the evidence of the bank officers Julie Monthy and Daniel Pierre that several cheques were issued by Mr. Alessandro Pagano and his wife Gentry Jordan from their joint accounts at the Bank of Baroda and the Barclay's Bank to the accused Claudette Bijoux. The evidence of the Bank officers and the cheques produced PI6, PI8 to P20, P22, P24 to P26, P29 to and P32, P33 to P39 from both the Bank of Baroda and Barclays bank, clearly indicate that the cheques were issued to Claudette Bijoux and she had cashed each and everyone of them herself. In addition to the cheques, documents P4 and P5 indicate that she had accepted receipt of certain cheques. The evidence of Gentry Jordan and the spread sheet P3 further corroborate the fact that the said cheques were issued to the accused and she had received and encashed them. [26] In the case of Padayacby v R (1963) SLR 1, it was held that where an owner intends to part with property but the property is obtained from him by fraud, the correct charge is "obtaining by false pretences". It is apparent from the evidence of Mr. Alessandro Pagano and his wife Gentry Jordan that the accused after befriending them, had falsely represented herself as a public servant working at the State House, in office of the Vice President of Seychelles. It is evident from the evidence of witness Marie Jeanne Simeon, the Principal Secretary of the Vice President,that this was false and the accused never worked for the Vice President. Letter P2 further affirms this fact. [27] Further the evidence of the complainant Mr. Alessandro Pagano is that after convincing them that she did work for the Government and the Vice President, she had proceeded to undertake to obtain not only for Mr Alessandro Pagano but his wife and daughter as well citizenship in the Seychelles by virtue of her employment in the office of the Vice President. After convincing the complainant Alessandro accordingly, under this false pretence, she began to take sums of money from the complainant and his wife fraudulently, stating such sums were needed for payment of their citizenship. The complainant and his wife specify the amounts paid out by them to the accused by way of cheques and cash which totalled a sum of SR 470,000.00 and SR 7,5-86.00. 45"'0 \ 0''(' '.,..11·1- )' [28] It is apparent from the evidence of the Immigration officer George Cherry that other than the processing fees of SR 1000 and the expenses incurred by parties applying, i.e. for the adverts and gazette notifications, the payment for citizenship under normal circumstance SR 150,000.00 or 250,000.00 for special circumstances was paid and became due only after approval was granted for citizenship. In the case of Alessandro Pagano and his family, even though they had applied, their applications were never approved, therefore there was no necessity to pay the money for citizenship. However, the victims in this case were unaware of this and believing the accused Claudette Bijoux when she stated falsely the money was due, they had continued to pay thereby being defrauded of a sum of 470,000.00 Seychelles Rupees by her. In the case ofR v Michaud (1963) SLR 34, it was held intent to defraud occurs when false pretences are made with the intent to induce another to take a course of action which the other would not have taken had the true facts been known and that it could be to that person's detriment. [29] It is apparent from the evidence before Court that the accused was very convincing in making the victims believe that she was a person working with the Government in the way she spoke about her employment, her mannerisms, her knowledge of the Government, her contacts and portrayed such an image even on face book. The evidence indicate that her Skype address was ClauGov to indicate connections with the Government of Seychelles, referring to PIS. The evidence also clearly indicated, the accused portrayed that the person she most admired was the Vice President who she worked with, but eventually one of his friends Mr. Laporte who had an appointment with the Vice President and on meeting him, the Vice President had denied she was working with him and it was only then, they realised she had been obtaining money under false pretext and fraudulently. The evidence indicates when confronted, the accused had admitted her guilt as borne out in the evidence of Gentry Jordan the wife of Alessandro Pagano. [30] Having considered all the evidence of the prosecution as set out above, I am satisfied that the evidence of the prosecution witness Alessandro Pagano is corroborated by the evidence of his wife Gentry Jordan and supported by the spread sheet P3 and the cheques produced both from Bank of Baroda and Barclays Bank. The evidence of the bank officers clearly indicate that it was the accused who had encashed the cheques. As the evidence of the prosecution witnesses is corroborative in nature and further corroborated by the documentary evidence produced in Court and as such evidence is not of contradictory nature though subject to intense cross examination, I will proceed to accept the evidence of the prosecution. However, I note the prosecution has failed to produce the cheque referred to in Counts 4 and 6 and therefore has failed to establish beyond reasonable doubt the elements contained in the offences in Count 4 and 6. I proceed to acquit the accused of Count 4 and 6. I am therefore of the view that the total sum proved by the prosecution as being obtained by the accused on false pretence from the victims is 7, '1s6· ,IQ 466· 0''6· SR 420,000.00 and SR t5B9:eOtotalling a sum of SR 427,5:00.00. ~. 0'/" 'J,.'). [31] Having considered all the evidence before me and for the reasons set out above, I am satisfied the prosecution has proved beyond reasonable doubt the elements of the offences contained in Countsl , 2, 3,5,7, 8, 9,10,11,12,13,14,15,16,17,18,19,20,21, )0 22, 23, and 24. I proceed to find the accused Claudette Bijoux guilty of the charges contained in Counts 1,2,3,5,7,8,9,10,11,12,13,14,15,16,17,18,19,20,21, 22, 23 and 24 and proceed to convict her on each of these Counts. (tivered at Ile du Port on f'Februery 2018 :23';' MBurhan Judge of the Supreme Court / 24