R v Hertel (CO 11 of 2025) [2025] SCSC 63 (10 April 2025)

SUPREME COURT OF SEYCHELLES Reportable [2025] CO 1112025 Prosecution In the matter between: THE REPUBLIC (Represented by Mr. Adam. Afif) versus NICO HERTEL (Represented by Mr. Basil Hoareau) Accused Neutral Citation: Republic vis Hertel (CO 1112025) [2025] 10lh April 2025 Before: Summary: Heard: Delivered: Adeline j Remand in Police custody in remand facility. 10th April 2025 10th April 2025 ORDER B. Adeline, J [1] Remandees such as Nico, TelTY,Hertel who is being detained by the Police on an order of this court, should not be kept together with convicts because they are entitled to enjoy different constitutional rights. [2] A remandee is innocent until he pleads guilty to a charge against him, or is found guilty to a charge against him, and is thereafter convicted and sentenced. If given a custodial sentence, he then becomes a prisoner/inmate in a prison who as a consequence loses some of the rights he enjoyed previously. [3] In the circumstances, this court makes an order for the Commissioner of Police to do the needful for Mr. Nico Terry Hertel to be remanded at any place designated as a remand centre, away from convicts. Signed, dated and delivered at Ile du P0l1 10lil April 2025. 2