R v Brioche & Ors (CO 2/2013) [2018] SCSC 8165 (16 May 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 2/2013 [2018] SCSC 556 THE REPUBLIC versus ROY BRIOCHE First Accused ROBERT JEAN Second Accused DANNY BRESSON Third Accused FRANKY THELERMONT Fourth Accused NADDY DELORIE Fifth Accused Heard: Counsel: Mr Esparon, Assistant Principal State Counsel for the Republic Mr Kumar, Assistant Principal State Counsel for the Republic Mr Camille for the first accused Mr Andre for the second accused Mrs Amesbury for the third, fourth and fifth accused Delivered: 17 May 2018 SENTENCE Robinson J BACKGROUNDS FACTS [1] First Accused Person Roy Brioche (Al), Second Accused Person Robert Jean (A2), Third Accused Person Danny Bresson (A3), Fourth Accused Person Franky Thelermont (A4), Fifth Accused Person Naddy Delorie (AS), Sixth Accused Person George Michel (A6) and Seventh Accused Person Kenneth Esparon (A7) were being prosecuted on an Amended Formal Charge dated 25 August, 2016, and filed in the Registry of the Supreme Court on 26 August, 2016. [2] The said Formal Amended Charge was laid before the court on the day of the close of the Prosecution's case. George Michel (A6) and Kenneth Esparon (A7) were aquitted of their respective charges before this court. [3] Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4), Naddy Delorie (A5), George Michel (A6) and Kenneth Esparon (A7) stood charge under the following counts - "Count 1 Statement of Offence Trafficking in a controlled drug contrary to section 5 of the Misuse of Drugs Act CAP 133 read with section 14(d) and further read with 15(3) and section 26(1) (a) of the same Act punishable under section 29(1) of the Misuse of Drugs Act CAP 133 and the Second Schedule referred thereto in the said Act. Particulars of offence Roy Patrick Brioche, Robert Billy Jean, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie on 07 December 2012 at Vessel CHARITA in Seychelles waters were found in possession of controlled drugs having net total weight of 79 Kilograms and 779.6grams of Cannabis Herbal material, which gives rise to the rebuttable presumption of having possessed the said controlled drugs for the purposes of trafficking. Count 2 (Alternative to Count I) Statement of Offence Trafficking in a controlled drug contrary to section 5 of the Misuse of Drugs Act CAP 133 read with section 2 and section 26(1) (a) of the same Act and read with section 23 of the Penal Code punishable under section 29(1) of the Misuse of Drugs Act CAP 133 and the Second Schedule referred thereto in the said Act. Particulars of offence Roy Patrick Brioche, Robert Billy Jean, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie on or around 22 November 2012 to 07 December 2012 at Vessel CHARITA in Seychelles waters were found to be Trafficking in a controlled drugs with common intention having net total weight of79 Kilograms and 779.6grams of Cannabis Herbal material by transporting, delivering or by offering to transport, deliver or distribute; or to do or offer to do any act preparatory to or for the purpose of selling, giving, transporting, sending, delivery or distributing. Count 3 Statement of Offence Trafficking in a controlled drug contrary to section 5 of the Misuse of Drugs Act CAP 133 read with section 14(d) and section 26(1) (a) of the same Act punishable under section 29(1) of the Misuse of Drugs Act CAP 133 and the Second Schedule referred thereto in the said Act. Particulars of offence Roy Patrick Brioche on 08 December 2012 at Vessel CHARITA in Seychelles waters was found in possession of controlled drugs having net total weight of3 Kilograms and 954.6grams of Cannabis resin, which gives rise to the rebuttable presumption of having possessed the said controlled drugs for the purposes of trafficking. Count 4 (Alternative to Count 3) Statement of Offence Trafficking in a controlled drug contrary to section 5 of the Misuse of Drugs Act CAP 133 read with section 2 and section 26(1) (a) of the same Act punishable under section 29(1) of the Misuse of Drugs Act CAP 133 and the Second Schedule referred thereto in the said Act. Particulars of offence Roy Patrick Brioche on or around 25 November 2012 to 08 December 2012 at Vessel CHAR1TA in Seychelles waters was found to be Trafficking in a controlled drugs having net total weight of 3 Kilograms and 954.6grams of Cannabis resin by transporting, delivering or by offering to transport, deliver or distribute; or to do or offer to do any act preparatory to or for the purpose of selling, giving, transporting, sending, delivery or distributing. Count 5 Statement of Offence Unlawful Possession of Firearm and Ammunition contrary to Section 84( I) of the Penal Code read with section 23 of the Penal Code and punishable under Section 84(1) of the Penal Code. Particulars of offence Roy Patrick Brioche, Robert Billy Jean, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie on 07 December 2012 at Vessel CHARITA in Seychelles waters without lawful authority with common intention had in their possession a firearm namely AK 47 Rifle SIN 1953 EW4928 with folded butt and the Ammunition namely One AK 47 magazine containing 30 of 7.62mm bullets, in circumstances which raise a reasonable presumption that such Firearm and Ammunition is intended to be used or has recently been used in a manner or for a purpose prejudicial to public order. Count 6 (Alternative to Count 5) Statement of Offence Possession of Firearm and Ammunition without licence contrary to Section 4(1) of the Firearms and Ammunition Act, CAP80 read with section 23 of the Penal Code and punishable under Section 4(2)(a) of the Firearms and Ammunition Act, CAP80. Particulars of offence Roy Patrick Brioche, Robert Billy Jean, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie on 07 December 2012 at Vessel CHARITA in Seychelles waters without firearm licence with common intention had in their possession a firearm namely AK 47 Rifle SIN 1953 EW4928 with folded butt and the Ammunition namely One AK 47 magazine containing 30 of7.62mm bullets. Count 7 Statement of Offence Possession of Turtle meat contrary to Regulation 5(3) of the Wild Animals (Turtles) Protection Regulations, 1994 read with section 23 of the Penal Code and punishable under Regulation 8 of the Wild Animals (Turtles) Protection Regulations, 1994 read with Section 3 of the Wild Animals and Bird Protection Act, CAP247. Particulars of offence Roy Patrick Brioche, Robert Billy Jean, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie on 07 December 2012 at Vessel CHARITA in Seychelles waters with common intention had in their possession of Sea Turtle meat having net total weight of 154.02 Kilograms. Count 8 Statement of offence Conspiracy to commit the offence of Trafficking in a controlled drug contrary to Section 28(a) of the Misuse of Drugs Act CAP 133 read with Section 5 and Section 26(1) (a) of the same Act and punishable under Section 29( I) of the Misuse of Drugs Act CAP 133and the Second Schedule referred therein. Particulars of offence George Michel, Roy Patrick Brioche, Robert Billy Jean, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie on or around II November 2012 to 07 December 2012 agreed with one another and with other persons known to the Republic namely Michael Joseph Hoareau and Daniel Theophane Leon that a course of conduct shall be pursued which, if pursued, will necessarily involve the commission of an offence by them under the Misuse of Drugs Act, namely the offence of Trafficking in a controlled drug having total net weight of79 Kilograms and 779.6grams of Cannabis Herbal material. Count 9 Statement of Offence Counselling the other Persons to commit the offence of Trafficking in a Controlled Drug contrary to section 27(a) of the Misuse of Drugs Act CAP 133 read with section 5 and section 26(1) (a) of the Misuse of Drugs Act CAP 133 and punishable under section 29(1) of the Misuse of Drugs Act read with the Second Schedule referred thereto in the said Act. Particulars of offence George Michel on or around II November 2012 to 07 December 2012 counseled the other persons namely Michael Joseph Hoareau, Roy Patrick Brioche, Robert Billy Jean, Daniel Theophane Leon, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie to commit the offence of Trafficking in a controlled drug having total net weight of 79 Kilograms and 779.6grams of Cannabis Herbal material. Count 10 Statement of Offence Aiding and Abetting the other persons to commit the offence of unlawful Possession of Firearm and Ammunition contrary to Section 22(c) of the Penal Code read with Section 23 and Section 84(1) of the same Code and punishable under Section 84(1) of the Penal Code. Particulars of offence George Michel and Kenneth Steve Esparon on 15 November 2012 at Mahe with common intention aided and abetted the other persons namely Michael Joseph Hoareau, Roy Patrick Brioche, Robert Billy Jean, Daniel Theophane Leon, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie without lawful authority supplied a weapon namely AK 47 Rifle SIN 1953 EW4928 with folded butt and an Ammunition namely One AK 47 magazine containing 30 of 7.62mm bullets to commit the offence of possession of a firearm, in circumstances which raise a reasonable presumption that such Firearm and Ammunition is intended to be used or has recently been used in a manner or for a purpose prejudicial to public order. Count I I (Alternative to Count 10) Statement of Offence Aiding and Abetting the other persons to commit the offence of Possession of Firearm and Ammunition without licence contrary to Section 22(c) of the Penal Code and Section 23 of the Penal Code read with Section 4(1) of the Firearms and Ammunition Act, CAP80 punishable under Section 4(2) (a) of the Firearms and Ammunition Act, CAP80. Particulars of offence George Michel and Kenneth Steve Esparon on 15 November 2012 at Mahe with common intention aided and abetted the other persons namely Michael Joseph Hoareau, Roy Patrick Brioche, Robert Billy Jean, Daniel Theophane Leon, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie without fire arm licence, supplied a weapon namely AK 47 Rifle SIN 1953 EW4928 with folded butt and an Ammunition namely One AK 47 magazine containing 30 of 7.62mm bullets to commit the offence of possession of a firearm without firearm licence. Count 12 Statement of Offence Counselling the other persons to commit the offence of Possession of Turtle meat contrary to Section 22(d) of the penal code read with Regulation 5(3) of the Wild Animals (Turtles) Protection Regulations, 1994 and punishable under Regulation 8 of the Wild Animals (Turtles) Protection Regulations, J 994 read with Section 3 of the Wild Animals and Bird Protection Act, CAP247. Particulars of offence George Michel on or around II November 2012 to 07 December 2012 counseled the other persons namely Michael Joseph Hoareau, Roy Patrick Brioche, Robert Billy Jean, Daniel Theophane Leon, Danny Dereck Bresson, Franky Clement Thelermont and Naddy Peter Delorie to commit the offence of possession of Sea Turtle meat having net total weight of 154.02 Kilograms.". [4] The Accused Persons pleaded not guilty separately to their respective counts on 26 August, 2016. THE EVIDENCE IN THE CASE [5] The Prosecution called 29 witnesses in support of the charges against the Accused Persons as follows. [6] [7] [8] [9] Corporal Lindy Mellie (Corporal Mellie) (PW-I). 23 September, 2014, at 9 a.m., pp. 17- 28; 23 September, 2014, at 1:45p.m., pp. 1-19;26 September, 2014, at 9 a.m., pp. 4-47; 29 September 2014, at 9 a.m., pp. 2-32 of 57. Assistant Superintendent of Police Jernmy Bouzin (ASP Bouzin) (PW-2). 29 September, 2014, at 9 a.m., pp 33-57 of 57; 29 September, 2014, at I 45 p.m., pp 2-37 of37; 30 September, 2014, at 9 a.m., pp 2-30 of30; 30 September 2014, at I 45 p.m., pp 3 - 46 of 49; 2 October, 2014, at 9 a.rn. pp 5-34 of 35; 3 October, 2014, at 9 a.m. pp 4-23 of25; 3 October 2014 at 2 p.m. pp 5-38 of 40; 6 October 2014 at 9 a.m. pp 2-17 of 17. Ronley Fanchette (PW-3). 6 October, 2014, at 2 p.m. pp 3-30 of 31; 7 October, 2014, at 9 a.m. pp 2-28 of 29; 7 October, 2014, at 2 p.m., pp 2-44 of 45. Agent Siguy Marie (Agent Marie) (PW-4). 9 October, 2014, at 9 a.m. pp 8 to 45 of 45; 9 October, 2014, at 2 p.m. pp I to 17; 10 October, 2014, at 9 a.m., pp 2-36 of 36; 13 October, 2014, at 9 a.m., pp 2-42 of 42; 13 October, 2014, at 2 p.m., pp 1-34 of34; 14 October, 2014, at 9 a.m., pp 1-18; 16 October, 2014, at 9 a.m., pp 2-35 of36; 16 October, 2014, at 1 45 p.m., pp 1-32; 17 October, 2014, at 10 a.m., pp 1 to 26 of27; 17 October, 2014, at 2 p.m., pp 2-20 of 20; 20 October, 2014, at 9 30 a.m., pp 2 to 38 of 38; 20 October, 2014, at 2 p.m., pp 2-39 of 43; 21 October, 2014, at 2 p.m., pp 2-28 of29; 23 October, 2014, at 9 a.m., pp 1-32;23 October, 2013, at 2 p.m., pp 1-29;24 October, 2014, at 9 a.m., pp 1-34. [10] Agent Jimmy Louise (Agent Louise) (PW-5). 30 October, 2014, at 9 a.m., pp 3 -10 of 10;30 October, 2014, at 2 p.m., pp 2-19 of 19; 3 I October, 2014, at 9 a.111.,pp 2- 53 of 53; 3 November, 2014, at 10:30 a.m., pp 1- 21; 3 November, 2014, at 2 p.m., pp 2-27 of 27; 6 November, 2014, at 2 p.m., pp 2-33 of 33; 7 November, 2014, at 9 a.m., pp 2-40 of 40; 7 November, 2014, at 2 p.m., pp 2-40 of 40; 10 November, 2014, at 10 a.m., pp 2-23 of23; 10 November, 2014, at 2 p.m., pp 2-33 of23; 13 November, 2014, at 10 a.111.,pp 1-14; 13 November, 2014, at 2 p.m., pp 2-13 of 13. [11] Agent Alexander Moumou (Agent Moumou) (PW-6). 14 November, 2014, at 9 a.m., pp 2-33 of 33; 17 November, 2014, at 9:30 a.m., pp 1-2; 20 November, 2014, at 9 a.m., pp 5-30 of30; 20 November, 2014, at 2 p.m., pp 5-30 of30; 24 November, 2014, at 9 a.m., pp 1-6; 24 November, 2014, at 2 p.m., pp 2 of35 of35; 25 November, 2014, at 2 p.m., pp 2-7 of 7. [12] Doctor Jeanne Mortimer (Dr Mortimer) (PW-7). 4 May, 20J5, at 10 a.m., pp 2-32 of32; 4 May, 2015, at 2 p.m., pp 2-27 of27. [13] Agent Barry Cadence (Agent Cadence) (PW-8). 5 May, 2015, at 9:30 a.m., pp 2-29 of 29; 5 May, 2015, at 2 p.m., ppl-23 of42; 7 May 2015, at 10 a.m., pp 2-39 of39; 7 May, 2015, at2 p.m., pp 1-34; 11 May, 2015, at 10 a.m., pp 6-30 of 44. [14] Corporal Radley Moncherry (Corporal Moncherry) (PW-9). 11 May, 2015, at 10 a.m., pp 6-3 I of 44; 11 May, 2015, at 2 p.m., pp 1-18; 12 May, 2015, at 10 a.m., pp 2-7 of 16; Sergeant Emmanuel Esparon. 12 May, 2015, at 10 a.m., pp8-16 of 16; continuation of the testimony of Corporal Moncherry. 2015, at 9:30 a.m., pp 2-10 of 55; 14 May, 2015, at 10 a.m., pp 2-31 of 31; 18 May, Sergeant Emmanuel Esparon. 18 May, 20 IS, at 9:30 a.m., pp 10-37 of 55; Agent Louise. 18 May, 2015, at 9:30 a.m., pp 38-52 of 55; Juliana Esticot (The Registrar of the Supreme Court). 18 May, 2015, at 2 p.m., pp 3-11 of 38; Robert Ernesta. 18 May, 2015, at 2 p.m., pp 12-37 of 38; 19 May, 2015, at 10 a.m., pp 2-15 of 16; 21 May, 2015, at 9:30 a.m., pp 2-4 of25; Brigadier Leopold Payet the Chief of Staff of the Seychelles Defence Forces. 21 May, 2015, at 9:30 a.m., pp 4-11 of25; continuation of testimony of Corporal Moncherry. 29 May, 2015, at 10:30 a.m., pp 2-26; [15] Johnny Louys (PW-IO). I February, 2016, at 9 a.m., pp 1 to 41; 2 February, 2016, at 9 a.m., pp 1 to 27; 4 February, 2016, at 9 a.m., pp 1 to 48; 4 February, 2016, at 230 p.m., pp 1 to 27. [16] Roddy Allisop (PW-ll). 4 February, 2016, at 9:30 a.m. pp 1 to 48; 4 February, 2016, at 2:30 p.m. pp 1-27; 5 February, 2016, at9 a.m. pp 1-5; 5 February, 2016, at 1:45 p.m. pp 1-61; 8 February, 2016 at 1:45p.m. pp 30 -42; 9 February, 2016, at 9 a.m. pp 1-45; 9 February, 2016, at I:45 p.m., pp 1-23; 11 February, 2016, at 9 45 a.m., pp I -35. [17] [18] [19] Nichol Fanchette (PW-12). 5 February, 2016, at 1:45 p.m., pp 18-56. Sub-Inspector Ralph Agathine (PW-13). 5 February, 2016, at 1:45 p.m., pp 56-61. Roy Clarisse (PW-14). 8 February, 2016, at 9 a.m. pp 1-49; 8 February, 2016, at 1 45 p.m., pp 1-42. [20] Daniel Leon (PW-15). 12 February, 2016, at 9 a.m., 12 February, 2016; at 2:30 p.m., pp 1-27; 15 February, 2016, at 9 30 a.m., pp 1-46; 15 February, 2016, at 2 p.m., pp 1-40; 16 February, 2016, at 9:40 a.m., pp I-58; & 19 February, 2016, at 9 a.m., pp 1-43; 19 February, 2016, at 1:45 p.m., pp I-II; 22 February, 2016, at 9 a.m., pp 1-43; 22 February, 2016, at2 p.m., pp 1-49; 23 February, 2016, at 10:12 a.m., pp 1-33; 23 February, 2016, at I:45 p.m., pp 1-31; 25 February, 2016,9 a.m., pp 1-3; 26 February, 2016, at 9 a.m., pp 1-36; 26 February, 2016, at 2 p.m., pp 1-30; 29 February, 20 16, at 9 a.m., pp 1-39; 29 February, 2-16, at 1 p.m., pp 1-41; 3 March, 2016, at 9 a.m., pp 1-24; 3 March, 2016, at 2 p. Ill., pp 1-41; 4 March, 2016, at 9 a.m., pp I-52; 4 March, 2016, at I :45 p.m., pp 30 of 30; 7 March, 2016, at 9 a.m., pp 1-30; 7 March 2016, at I I a. Ill., pp 1-2; 8 March, 10 March 2016, at 9 a.m., pp 1-10; 10 March, 2016, at 1:45 p.m., pp 1-20; II March, 2016, at 9 a.m., pi; 2016, at 10:00 a.m., pp 1-23; II March, 2016, at 1:45 p.m., pp 1-42; & 17 March,2016,at9a.m., I-I I. pp 1-45; 17 March,2016,at 1:45p.m.,pp 1-47; 18 March,2016,at9a.m.,pp [21] Agent Johnny Malvina (Agent Malvina) (PW-16). 16 February, 2016, at 2 p.m., pp 2-31; 18 February, 2016, at9a.m.pp. I-7of31; & 15 July, 2016, at 9 a.m., pp. 1-30. [22] Agent Evan Seeward (Agent Seeward) (PW-17). 18 February, 2016, at 9 a.m., pp 7-21 of31; & 4 August, 2016, at 9 a.m., pp 1-24, 4 August, 2016, at 2 p.m., pp. 2 - 23; 5 August, 2016, at 1:45 p.m., pp 1- 15; 8 August, 2016, at 11 a.m., 1-22; 8 August, 2016; at 2 p.m., pp 1-24. [23] Agent Jemmy Barra (PW-18). 18 February, 2016, at 9 a.m. pp 21- 31 of 31; 19 February 2016, at 9 a.m. pp 1-6; & 15 March, 2016, at 9 a.m. pp.26-35. [24] Mr. Rayrnong Chang-Tave (Mr. Chang-Tave) (PW-19). 15 March, 2016, at 9 a.m. pp 1-25. [25J Mrs Julie Antoinette Sinon (PW-20). 15 March, 2016, at 9 a.l11.pp 20-25. [26] Mr Michael Hoareau (Mr Hoareau) (PW-21). 21 March, 2016, at 9 00 a. I11.,pp 1-21; 29 March, 2016, at 9 a.m. pp 1-17; 29 March, 2016, at I:45 p.m., pp 1-27; 31 March, 2016, at 9: 00 a.m., pp 1-23; 31 March, 2016, at 1:45 p.m., pp 4-25; I April, 2016, at 9 a.m. pp I -37; 10 May, 2016, at 9 a.m. pp 3 of29; 10 May, 2016, at 1:45 p.m. pp I of29; 12 May, 2016, at 9 a.l11.pp I-57; 12 May, 2016, at I 45 p.m. pp 1-30; 13 May, 2016, at 9 a.m. pp I-50; 17 May, 2016, at 9 a.m. pp 1-28; 17 May, 2016, at 145 p.m. pp 1-23; 19 May, 2016, at 9 a.m., pp 1-38; 19 May, 2016, at 145 p.m., pp 1-17; 20 May, 2016, at 9 a.m. pp 1-9; 23 May, 2016, at 9 a.m, pp 1-29; 23 May, 2016, at I 45 p.111.pp 1-25; 24 May, 2016, at 9 a.111.,pp 1-45; 24 May, 2016, at 145 p.m. pp 1-29; 27 May, 2016, at 9 a.m. pp 1-22; 27 May, 2015, at 1:45 p.m. pp 1-32; 30 May, 2016, at 9 30 a.111. pp 2-26 of26; 31 May, 2016, at 2 p.m. pp 1-18; 2 June, 2016, at 9 a.m. pp 1-18; 2 June, 2016, at 1:45 p.111., pp 1-33; 3 June, 2016, at 9 a.m., pp 1-25; 3 June, 2016, at 1:45 p.m., pp 1-3; 7 June, 2016, at 9 a.m., pp 1-32; 7 June, 2016, at 1:45, pp. 1-31; 8 June, 2016, at 9 a.m., pp 1-8; 9 June, 2016, at 9 a.rn., pp 1-31; 9 June, at 2 p.111.,pp 1-30; 10 June, 2016, at 9 a.m., pp 1-28; 10 June, 2016, at 1:45 p.m., pp 1-32; 13 June, 2016, at 9 a.m., pp 1-29. [27] Mr Gary Delaney (Mr Delaney) (PW-22). 20 June, 2016, at 9 a.111.pp 1-35; 20 June, 2016, at 1:45 p.m. pp 1-26; 21 June, 2016, at 9 a.m. pp 1-57; 21 June, 2016, at 1:45 p.m., pp 1-32; 23 June, 2016, at 9 a.m., pp 1- 52; 23 June, 2016, at 1:45 p.m., pp 1-32; 24 June, 2016, at 9 a.m. ppl-40; 24 June, 2016, at 1:45 p.m., pp 1- 35. [28] [29] [30] Bella Azernia (PW-23). 27 June, 2016, at 9 a.m., pp 1-38; 27 June, 2016, at 2 p.m., pp 1-38; 1 July, 2017, at 9 a.m. pp 1-15 of 52. Staff Sergeant Emmanuel Esparon (Staff Sergeant Esparon) (PW-24). I July, 2017, at 9 a.m. pp 15 -52. Lieutenant Colonel George Adeline (PW-2S). 4 July, 2016, at 9 a.m., pp 3-17 of33; & 5 July, 2016, at 1:45 p.m., pp. 4-10 of32. [31] George D'Offay (PW-26). 4 July, 2016, at 9 a.m., pp 17-33; 4 July, 2016, at 1:45 p.m., pp 1-13; 5 July, 2016, at 10:30 a.m., pp 1-26; 5 July, 2016, at 1:45 p.m., pp 1-32; & 25 July, 2016, at 9 a.m., pp 1-14. Alain Serret (PW-27). 5 July, 2016, at 1:45 p.m., pp 10-32. Mr Brandon Burke (Mr Burke) (PW-28). 7 July, 2016, at 9 a.m., pp 1-49; 7 July, 2016, at I 45 p.m., pp 1- 40; 8 July, 2016, at 9 a.111.,pp 1-6; 11 July, 2016, at 9 a.111.,pp 1 - 49; 11 July, 2016, at I: 45 a.m., pp 1-45; 12 July, 2016, at 9 a.m., pp 1-21; 12 July 2016 at 2p.m., pp 1-18 of36. [32] [33] [34] [35] Franky Esparon (PW-29). 12 July, 2016, at 2:00 p.m., pp 18-36 of36; 14 July, 2016, at 1:30 p.m., pp 1-18 of36. [36] Miscellaneous proceedings - 26 August, 2016, at 9 a.m., pp 1-18. [37] This court on 26 August, 2016, ruled that the Prosecution have made out a case against Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4), Naddy Delorie (AS), George Michel (A6) and Kenneth Esparon (A7) requiring each Accused Person to make a defence. Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4), Naddy Delorie (AS), George Michel (A6) and Kenneth Esparon (A 7) elected to make an unsworn statement from the dock. Only George Michel (A6) called evidence in support of the charges filed against him. [38] Roy Brioche's (AI) dock statement. 26 August, 2016, at 1:45 p.m., pp 13-19 of20. [39] Robert Jean's (A2) dock statement. 29 August, 2016, at 9 a.m., pp 3-11 of21; [40] Danny Bresson's (A3) dock statement. 29 August, 2016, at 9 a.m., pp 11-20of 21; [41] Franky Thelermont's (A4) dock statement. 29 August, 2016, at 2 p.m., pp 2-14 of21. [42] Naddy Delorie's (AS) dock statement. 29 August, 2016, at 2 p.m., pp 14-20 of21. [43] George Michel's (A6) dock statement. 30 August, 2016, at 9 a.m., pp 2-21. [44] George Michel (A6) called the following witnesses in support of the charges against him - (i) Professor James David Last (Professor Last) (A6W-l). 26 July, 2016, at 9 a.m., pp 1-16; 26 July, 2016, at I:45 p.m., pp 1-32, 28 July, 2016, at 9 a.m., pp 1-17; 28 July, 2016, at 2 p.m., pp 1-16; (ii) Paul Oreddy (A6W-2). 30 August, 2016, at 2 p.m., pp 2-18; (iii) David Jean Louis (A6W-3). 30 August, 2016, at 2 p.m., pp 18-24 of26; (iv) Erica Dufrene (A6W-4). 31 August, 2016, at 9 a.m., pp 1-8 of 16; (v) Nigel Confiance (A6W-5). 31 August, 2016, at 9 a.m., pp 8-9 of 16; (vi) Maxime Morel (Mr Morel) (A6W-6). 31 August, 2016, at 9 a.m., pp 9-16 of 16;31 August, 2016, at 2 p.m., pp 1-36. [45J Kenneth Esparon's (A7) dock statement. 31 August, 2016, at 2 p.m., pp 1-36. THE CONVICTION Under count 1 [46J This court found that Roy Brioche was in possession of 79 kilograms 779.6 grams of Cannabis herbal material, which gives rise to the rebuttable presumption of having possessed the said controlled drug for the purposes of trafficking. This court found Roy Brioche (A 1) guilty of the offence of trafficking charged on count 1 and convicted him of the said offence charged. Under count 2 [47] This court found that Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) were each guilty of trafficking in 79 kilograms 779.6 grams of Cannabis herbal material. This court convicted each Accused Person for the offence charged against each of them on count 2. Under count 3 [48J This court was satisfied that the Prosecution have proved beyond reasonable doubt that Roy Brioche (AI) was in possession of 3 kilograms and 954.6 grams of cannabis resin for the purposes of trafficking. This court found Roy Brioche (AI) guilty of the offence on count 3 and convicted Roy Brioche of the offence on count 3. Under count 4 [49] This court was satisfied that the Prosecution have proved beyond reasonable doubt that Roy Brioche (A 1) was trafficking in 3 kilograms and 954.6 grams of cannabis resin. This court found Roy Brioche (A I) guilty of the offence on count 4 and convicted him of the offence on count 4. Under Count 8 [50] This court found each Accused person, namely, Roy Brioche (A 1), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) guilty of the count of conspiracy to contravene section 28 (a) of the Misuse of Drugs Act and convicted each Accused Person, namely, Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) of the count of conspiracy. THE PRESENT PROCEEDINGS [51] This court before proceeding to sentence each Accused Person had, upon the application of learned Counsel, called for a Probation Report in relation to each Accused Person. On 11 May, 2018, this court heard oral submissions from learned Counsel in mitigation of sentence. [52] The CHARITA, a licensed fishing vessel, is owned by George Michel, who was the sixth Accused Person in this case. Mr Delaney (PW -22), a GPS and Position Consultant working with Global Position Intelligence, Professor Last (A6W -1), a consultant Engineer specialising in radio navigation and communication systems, Johnny Louys (PW-10), who is currently a Senior Fisheries Monitoring technician at the Seychelles Fishing Authority (the "SFA") and Roddy Allisop (PW-11), who is currently the Monitoring and Control Manager at the SFA, testified in detail about the itinerary of the CHARITA, over the period of the Formal Amended Charge, using countless hourly VMS readings. In addition to their evidence about the VMS readings, Mr Delaney (PW -22) and Professor Last (A6W -1) were methodically questioned about countless iridium telephone data over the period of the Formal Amended Charge. [53] After having heard these witnesses, the court had to examine countless hourly VMS readings and iridium telephone data. It is noteworthy that the iridium telephone data and the VMS data were plotted using software applications and electronic means on Google maps with scanned chart overlays added where appropriate. The chart overlays were appropriate extracts from the United Kingdom Hydrographic Office (Admiralty) Nautical Charts. Johnny Louys (PW -10) and Roddy Allisop (PW -11) also produced countless graphical maps (soft copies and hard copies) and other scientific evidence. The task of examining all those scientific materials was overwhelming for this court and learned Counsel. The court also heard the evidence ofMr Chang-Tave (PW-19), an amicus curiae, who enlightened the court and learned Counsel on the question of Seychelles' jurisdiction and rights over its waters. The scientific evidence was clearly necessary, for both the Prosecution and the Defence, to dispel the doubt created by iridium telephone data, which placed the CHARITA in "International Waters" at one point during its trip. The Prosecution witnesses testified that the CHARITA did not leave the Seychelles waters over the period of the Formal Amended Charge. This court now talks briefly about the itinerary of the CHARITA over the period of the Formal Amended Charge. [54] The CHARITA left Port Victoria on 15 November, 2012, at about l l p.m.. According to the VMS readings, the CHARITA headed south easterly to a point approximately 20 nautical miles to the south of Mahe, which it reached at about 8 a.m. local time on the morning of 16 November, 2012. VMS readings showed slow speed in the area for 2 hours. At about 6 p.m. local time the CHARITA left the area of Marie-Louise and began a passage to Alphonse heading in the direction of Cosmoledo. The VMS hourly readings showed that the CHARITA arrived in the area of Cosmoledo early on the morning of 21 November, 2012. The CHARITA entered the inner waterway of the Cosmoledo island area on 21 November, 2012, at approximately 1 p.m. local time and remained stationary or nearly so within that waterway area until 27 November, 2012, at approximately, 9 a.m., for a period of approximately 6 days. On 27 November, 2012, at about 9 a.m., the CHARITA left the inner waterway of Cosmoledo. The CHARITA commenced a passage to the Providence Island leaving the Cosmoldo Island area finally at approximately 11 p.m. local time on 28 November, 2012. The CHARITA arrived at the north west side of Providence at approximately 6 a.m. local time on 30 November, 2012. It stayed in the Providence area until about 10 a.m. local time on 6 December, 2012, when it commenced a passage back to Mahe. The CHARITA was located on the north west coast area of Providence, when it was detained by the National Drugs Enforcement Agency, (hereinafter referred to as the "NDEA''), on the morning of 7 December, 2012. Hence this case. [55] When the CHARITA left Port Victoria on 15 November, 2012, it was equipped, among other things, with VMS system, flares, an SSB radio and a satellite telephone, the number of which was 008816327831. On board the CHARITA there were 6 members of crew, namely, Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4), Naddy Delorie (A5) and Daniel Leon (PW-15) and Mr. Hoareau (PW-2I) who admitted in court that he is an experienced skipper, had command of the CHARITA for the duration of the trip. Two fiberglass boats were carried on board the CHARITA. [56] It was undisputed that the CHARITA was going on a fishing trip. Accused Persons, Daniel Leon (PW-15) and Mr Hoareau (PW-21) were to fish for sea snails, sea cucumber and fish. It was also undisputed that fishing took place. Sea cucumbers, sea snails and fish were caught by them and loaded on board the CHARITA. Sea turtles were not spared by them. [57] Prior to leaving Port Victoria, George Michel had instructed Mr Hoareau (PW-21) to do some tasks. The boat, St Paul, belonging to Paul Oreddy (A6W-2), was in distress and required assistance. Paul Oreddy had requested the assistance of George Michel. George Michel instructed Mr Hoareau (PW-21) to see as to whether they will need to tow St Paul or to see as to whether he could fix its engine. On 16 November, 2012, the CHARITA reached St Paul at about 8 a.m.. Daniel Leon (PW-15) and Mr. Hoareau (PW-21) proceeded by fiberglass boat to St Paul to enquire about what was wrong. St Paul had an engine problem, which Mr Hoareau (PW-21) fixed. [58] George Michel also instructed Mr Hoareau (PW-21) to take some ice to one of his boats, called MARIE LOUISE. On 17November, 2012, in the morning, the CHARITHA reached the island of Amirantes. That afternoon the CHARITA reached MARIE LOUISE. Daniel Leon (PW-15) and Mr. Hoareau (PW-21), by fiberglass boat, proceeded to deliver the bags of ice to MARIE LOUISE. [59] Both tasks having been successfully completed, Mr Hoareau proceeded to undertake his third task according to his instructions. George Michel had instructed him to take 10barrels of fuel to the Island of Alphonse. On 18 November, 2012, at about 8 a.m., the CHARITA reached Alphonse. Mr. Hoareau (PW-21) anchored the CHARITA in the lagoon of Alphonse and in the lagoon, they unloaded the barrels of fuel that were on board the CHARITA. Thereafter, the CHARITA proceeded on its way to Cosmoledo. [60] It was undisputed that George Michel is the owner of the boat MA VIE. In October, 2012, Mr. Hoareau (PW-21), Franky Thelermont (A4), Naddy Delorie (AS) and 3 security officers went to Aldabra on board MA VIE to bring fuel to another boat there. They spent two weeks on Aldabra and returned towards the end of October. Franky Thelermont (A4) and Naddy Delorie (AS) had collected sea snails and sea cucumbers and had left them on Cosmoledo. It was part of the tasks of the Accused Persons, Daniel Leon (PW-15) and Mr Hoareau (PW-21) to load those invertebrates on board the CHARITA, which they did on 26 November, 2012. Other than those invertebrates, cannabis herbal material and cannabis resin, which are controlled drugs, under the Misuse of Drugs Act, were also loaded on board the CHARITHA. Before this court talks about the drug transaction, it considers it apt to set out the Accused Persons respective submissions in mitigation of sentence. Roy Brioche (At) [61] According to the Probation Report, Roy Brioche (AI), who is thirty nine years old, pleaded not guilty to each of the offences because he did not understand why Mr Hoareau (PW- 21), who was in command of the boat, was "indirectly concerned" in this case. He stated that he was offered a job as a "boat boy" on board the CHARITA at the last minute. As a "boat boy" he went on the trip to fish. According to the "employment history" of Roy Brioche (AI), he worked as a "boat boy", then as a "general helper" before moving to Madagascar, where he claimed to have worked at the "Big Bazar" for six years. After moving back to Seychelles he claimed to have worked as a "boat boy". [62] There is evidence before this court (Probation Report) that Roy Brioche (AI) has an eighty year old grandmother, who has looked after him since he was two months old. Mr Camille in his submissions stated that Roy Brioche (A1) was the only person who catered for his aged grandmother; and that a long custodial sentence will impact adversely on her. [63] Mr Camille also submitted in mitigation of sentence that Roy Brioche (AI) has a seven year old child, and that a long custodial sentence will also impact adversely on her. [64] In sum, Mr Camille urged this court to exercise its discretion to impose a lenient sentence upon Roy Brioche (AI). He invited this court to take into consideration the fact that Mr Hoareau (PW -21), an accomplice turned State Witness, who was "directly involved" in the commission of the offences, obtained a condictional offer from the Attorney General on the false premise that he was "indirectly involved" in the commission of the offences. [65] Concerning his submissions in relation to the sentences applicable in this case, this COUlt shall consider them later in this sentence. Robert Jean (A2) [66] Robert Jean (A2) is fifty years old. There is evidence before this court in the form of a Probation Report indicating that Robert Jean has a ''partner'', who is unemployed with young children. His "partner'' is the recipient of financial benefits from the Agency for Social Protection. Mr Andre urged this court that a long custodial sentence will adversely impact on Robert Jean (A2) and his family. [67] Mr Andre also urged this COUlt to consider the role played by Robert Jean (A2) in the commission of the offences. Mr Andre stated that it was undisputed that Robert Jean (A2) was recruited as a cook on board the CHARITA and to ferry a fiberglass boat. He went on to say that Robert Jean (A2) had no knowledge about any plan to traffic in drugs when the CHARITA left Port Victoria on 15November, 2012. Robert Jean (A2) is a first offender. [68] In sum, he urged this court to execrcise its discretion to impose a lenient sentence upon Robert Jean (A2). Danny Bresson (A3) [69] Danny Bresson (A3) is fourty four years old. Mrs Amesbury submitted in mitigation of sentence that Danny Bresson (A3), who lives with his mother and 13 year old son, is the breadwinner of the family; and that a long custodial sentence will adversely impact on the family. [70] Mrs Amesbury urged this court to consider the fact that DalU1YBresson (A3) did not have any knowledge about an agreement to traffic in drugs when he was recruited to work on board the CHARITA. She emphasised that Danny Bresson (A3) was recruited as a diver and as a fishermen. According to the Probation Report, Danny Bresson (A3) went on the trip to fish and for no other reason. Danny Bresson (A3) is a first offender. [71] In sum, Mrs Amesbury urged this court to exercise its discretion to impose a lenient sentence upon Danny Bresson (A3). Franky Thelermont (A4) [72] Franky Thelermont (A4) is fourty three years old. Mrs Amesbury submitted that Franky Thelermont (A4) is a diver; and that he joined the CHARITA crew as a diver. He fished and dived for sea cucumbers. Mrs Amesbury urged this court to exercise its discretion to impose a lenient sentence upon him by reason of the fact that he did not know about any plan to traffic in drugs, when he joined the CHARITA crew Naddy Delorie (AS) [73] Naddy Delorie (AS), who is fourty years old, is childless. He lives with his 66 year old mother and brother. Mrs Amesbury urged this court to exercise its discretion to impose a lenient sentence on him by reason of the fact that he did not know about any plan to traffic in drugs, when he joined the CHARITA crew. Naddy Delorie (AS) is a first offender. [74] This court has to consider, among other things, the following before it proceeds to sentence each Accused Person - • • • • • • the role played by each Accused Person and their different degree of participation in the drug transaction the seriousness of the offences committed by each Accused person the amount of drugs involved the penalties provided by law the antecedents of the Accused Persons where applicable the mitigating factors in light of the submissions of learned Counsel. The role played by each Accused person and their different degree of participation [7S] This court has considered the evidence on record in light of the submissions of learned Counsel. Daniel Leon (PW -IS) and Mr Hoareau (PW -21) were accomplices who turned State witnesses. They were the key witnesses for the Prosecution. All Accused Persons gave a statement from the dock. [76] The evidence established that Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) became involved in the drug transaction on 22 November, 2012, after gunny bags of cannabis herbal material were located on Grande lIe. On 26 November, 2012, Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) loaded the fiberglass boat with the gunny bags of cannabis herbal material. Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) transported the gunny bags of cannabis herbal material from Grande lIe to the CHARITA, which was anchored in the Cosmoledo lagoon. Upon reaching the CHARITA, Roy Brioche (A 1), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) were assisted by Daniel Leon (PW-1S) and Mr Hoareau (PW-21), who were on board the CHARITA, at the material time, to load the gunny bags of cannabis herbal material on board the CHARITA. On 27 November, 2012, the CHARITA left the inner waterway of the Cosmoledo and commenced a passage to Providence. The gunny bags of cannabis herbal material were seized by the NDEA on board the CHARITA, when the NDEA intercepted the CHARITA, on 7 December, 2012, in the area of Providence. [77] The facts and circumstances of this case established that Robert Jean (A2), Danny Bresson (A3), Franky Thelennont (A4), Naddy Delorie (AS) and Daniel Leon (PW-17) were each not party to the original scheme. The facts and circumstances of this case established that Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS) along with Daniel Leon (PW -IS) each joined in the agreement to traffic in cannabis herbal material when the cannabis herbal material was located on Grand lIe on 22 November, 2012. [78] The facts and circumstances of this case established that Roy Brioche (AI) and Mr Hoareau (PW-21) had been involved from the first day i.e 11 November, 2012. The facts and circumstances of this case established that Mr Hoareau (PW-21) and Roy Brioche (AI) were the only two patties who hatched the conspiracy to traffic in cannabis herbal material and cannabis resin on 11 November, 2012. The telephone records established that on 11 November, 2012, at 8:43:27 a.m. Roy Brioche (AI) called Mr Hoareau (PW-21). That telephone call was the first telephone communication between Roy Brioche (A6) and Mr Hoareau (PW -21), according to the telephone records. Roy Brioche (A 1) spoke to Mr Hoareau (PW-21) about a ''parking of drugs", which Roy Brioche (AI) wanted to collect at Cosmoledo. Telephone records of 11 November, 2012, established that Roy Brioche (AI) and Mr Hoareau (PW-21) actively communicated with each other until 22:31 p.m. on that day (5 incoming calls received by 2739189 (used by Mr Hoareau (PW-21» from 2586095 (used by Roy Brioche (AI» and 2 outgoing calls made by 2739189 towards 2586095. This court found that Mr Hoareau (PW-21) was very economical with the truth when he stated, under oath, that he did not recall his telephone number; and that he did not recall having had that many telephone communication with Roy Brioche over the period of 11 November, 2012, to 15 November, 2012, (58 telephone calls). [79] The evidence established that Mr Hoareau (PW-21) had told the Seychelles Coast Guard, on 15 November, 2012, when the CHARITA was leaving port, that his telephone number was 2739189. At a later stage of the proceedings, when subjected to intense cross examination, Mr Hoareau (PW-21) admitted that he used the telephone number 2739189. [80] Moreover, telephone records of 11 November, 2012, showed telephone communication between Mr Hoareau (PW-21), Roy Brioche (2586095), numbers in Mahe 2560135 (Jeanne Maria Antat, St Louis) and 2510549 (Tracey Louis Marie, Bel Air), in Praslin 2580760 (Jean Pierre Lesperance) and 2 numbers from Madagascar, 261325643997 (the number that the CHARITA satellite phone first dialled when it arrived in Cosmoledo on 21 November, 2012) and 261344030121 (the number that called the CHARITA on 22 November, 2012, on the day that the drugs were located ashore). The evidence revealed that all these telephone numbers called or received calls from the CHARITA (881632557831) countless times during the Cosmoledo period (21 to 27 November, 2012) and after. [81] Moreover, the evidence established that Roy Brioche (A 1) came from a catamaran with a blue bag with hard locks. Roy Brioche (AI) had opened parts of the bag. There were vanilla sticks, sealed hashish and several "pieces ofpacket" in the bag. Roy Brioche (AI) admitted in his dock statement that he took a piece of hashish from the bag and smoked it. The bag was sewed by Roy Brioche (A1)and kept with him, where he slept on board the CHARITA. Daniel Leon (PW-15) admitted to holding the bag while Roy Brioche (AI) stiched it. [82] Further, the evidence established that Roy Brioche (AI) hid in the engine room, when the NDEA agents boarded the CHARITA on 7 December, 2012. This court also accepted the evidence for the Prosecution that Roy Brioche (AI) upon coming out of the engine room had shouted that the drugs on board the CHARITA belonged to him. Based on the facts and circumstances of this case this court rejected the defence of Roy Brioche (A1). The blue bag containing the cannabis resin was retrieved from the engine room on 8 December, 2012, by the NDEA. [83] This court has to mention that Mr Hoareau's (PW-21) Conditional Offer did not point to a man who was "indirectly involved" in the drug transaction. The evidence extablished that Mr Hoareau was "directly" involved in the drug transaction and tried, dreadfully during the trial, to play down his involvement in the drug transaction. Further, it is pertinent to note that the NDEA obtained Iridium telephone data illegally, from Iridium, from one Thomas Lopez, who did not testify in this case. [84] The evidence established beyond reasonable doubt that Roy Brioche (AI) and Mr Hoareau (PW-21) played the prominent role in the drug transaction. The degree of involvement of Roy Brioche (AI) cannot, therefore, be said to be at par with Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS). The amount of drugs involved, the seriousness of the offences and the penalties provided by law [85] Under the Misuse of Drugs Act, 2016, cannabis herbal material is a class B drug. The amount of drugs involved in this case is 79 kilograms and 779.6 grams of cannabis herbal material and 3 kilograms and 954.6 grams of cannabis resin. The cannabis herbal material concerned Roy Brioche (AI), Robert Jean (A2), Danny Bresson (A3), Franky Thelermont (A4) and Naddy Delorie (AS). The cannabis resin concerned only Roy Brioche (AI). According to the recommended sentences under the Misuse of Drugs Act, the recommended sentences for more than 50 kilograms of cannabis herbal material is 20 years to 50 years imprisonment. Whereas the recommended sentences for more than 1.5 kilograms to 5 kilograms of cannabis resin is 3-5 years imprisonment and a fine. This court has also considered sections 7 (4) and 48 of the Misuse of Drugs Act which refer to instances where such offences should be considered aggravated in nature. In that regard, this court has considered the weight in a trafficking offence and any prior conviction where applicable. The Antecedent of Accused Persons where applicable [86] According to learned Counsel for the Prosecution, except for Roy Brioche (AI), all Accused persons are first offenders. Roy Brioche (AI) is presently serving 3 years and 6 months imprisonment for being in possession with intent to traffic a quantity of 43.0 grams of cannabis. He was sentenced on 19 May, 2017. THE SENTENCE [87] Having considered all of the above, including the family circumstances of each Accused Person and the facts and circumstances of this case, this court proceeds to sentence each Accused Person as follows - Count 1 [88] This court sentences Roy Brioche to a term of twenty (20) years imprisonment on count 1. Count 2 [89] Count 2 is set out in an alternative count to count 1. [90] This court sentences Roy Brioche (A 1) to a term of twenty (20) years imprisonment on count 2. [91] This court sentences Robert Jean (A2) to a term of twenty six (26) months imprisonment on count 2. [92] This court sentences Danny Bresson (A3) to a term of twenty six (26) months imprisonment on count 2. [93] This court sentences Franky Thelermont (A4) to a term of twenty SiX (26) months imprisonment on count 2. [94] This court sentences Naddy Delorie (AS) to a term of twenty six (26) months imprisonment on count 2. Count 3 [95] This court sentences Roy Brioche (AI) to a term of four (4) years imprisonment on count 3. Count 4 [96] Count 4 is set out in an alternative count to count 3. [97] This court sentences Roy Brioche (A 1) to a term of four (4) years imprisomnent on count 4. CountS [98] This court sentences Roy Brioche (AI) to a term of twenty (20) years imprisonment on count 8. [99] This court sentences Robert Jean (A2) to a term of twenty six (26) months imprisonment on count 8. [100] This court sentences Danny Bresson (A3) to a term of twenty SIX months (26) imprisonment on count 8. [101] This court sentences Franky Thelermont (A4) to a term of twenty six (26) months imprisonment on count 8. [102] This court sentences Naddy Delorie (AS)to a term oftwenty six (26) months imprisonment on count 8. [103] This court makes order that the terms of twenty (20) years and four (4) years imprisonment shall run concurrently; and that the terms of imprisonment of twenty six (26) months shall also run concurrently. [104] Tine spent on remand by each Accused Person shall count towards their respective sentence. [105] This court orders accordingly. 24