R v Saunders (CR 22 of 2021) [2023] SCSC 91 (9 February 2023)

IN THE SUPREME COURT OF SEYCHELLES Reportable [2023] scscQ[ CR22/2021 Prosecution " In the matter between THE REPUBLIC (rep. by Luthina Monthy) and WAYNE EDWIN SAUNDERS (rep. by Joshua Revera) Accused Neutral Citation Before: Summary The Republic v Wayne Saunders (CR22/2021) delivered on 09 February 2023 Vidot J [2023] SCSC.qJ. ..... Assault, resisting and 1 or wilfully obstructing a police officer in the due execution of his duty or any person acting as aid of such officer contrary to section 238 (b) of the Penal Code and punishable under section 238 of the Penal Code. Heard: 02 February 2023 Delivered: 09 February 2023 SENTENCE VIDOT J [I] The Accused was charged with two counts as follows; Count 1 Statement of Offence Grievous harm contrary to and punishable under section 221 of the Penal Code Particulars of Offence Wayne Edwin Saunders, 38 year old fisherman of Bel Ombre, Mahe, on 21st March 202.l, at the residence of one Yardley Monnaie, at Bel Ombre, Mahe caused grievous harm to a Police Officer, namely Cpl. Eddy Racombo of Mont Fleuri, Mahe by means of slapping the officer on the right side of his face and making him fall to the groundresulting to grievous injuries and thereby causing grievous harm to the said Cpl. Eddy Racombo. Count 2 (In alternative to Count 1) Statement of Offence Assaults, resists and I or wilfully obstructs a police officer in the due execution of his duty or any person acting as aid of such officer contrary to section 238 (b) of the Penal Code and punishable under section 238 of the Penal Code. Particulars of Offence Wayne Edwin Saunders, 38 year old fisherman of Bel Ombre, Mahe, on 21st March 2021, at the residence of one Yardley Monnaie, at Bel Ombre, Mahe, assaulted, resisted and lor wilfully obstructed a police officer in the execution of his duty, in that while Cpl. Eddy Racombo was trying to arrest him, he slapped and struggled with the said officer before Cpl. Eddy Racombo managed to handcuff him. [2] The Accused pleaded not guilty to the Count 1 but guilty to the Count 2. [3] Counsel for the Republic then read the facts out to the Court. They basically were that on 21 March 2021 at around 11.30 hours, the Beau- Vallon Police Station received a call and a complaint made that the Accused was involved in an argument and that police assistance was required. Upon receiving that call, Cpl. Eddy Racombo, together with two other officers proceeded to Bel Ombre at the residence of Yardley Monnaie. At the scene the officers observed a commotion which involved the Accused and in an attempt by Officer Racombo to apprehend the Accused, the latter slapped the Officer and pulled at his uniform whereby the officer fell to the ground. That was followed by a struggle whereby the Accused was resisting arrest. The officers finally managed to arrest and handcuff him. [4] The Accused disputed the facts in that he did not agree that he slapped Cpl. Racombo. That being the case, the Court decided to hold a Newton Hearing as per R v Newton 1983 Crim LR198, whereby, Cpl. Racombo was examined and cross examined in respect of the struggle and in particular whether the Accused slapped the officer. This Court found that there indeed was a slap and convicted the Accused of Count 2. [5] Then Counsel for the Republic moved to withdraw the first Count in terms with section 65 (a) of the Criminal Procedure Code. The Court acceded to that request. [6] In mitigation, Counsel for the Accused asked Court to show leniency to his client. He has pleaded guilty and saved the court's precious time. He is a fisherman and making an earning. His counsel states that the mother of his child had just passed away the previous day and when he received the information after reaching shores he was not feeling himself. He is maintaining his child. He states that since that incident he has not been in contravention with the law. He states that Mr. Racombo's father is his neighbour. [7] Indeed the guilty plea is evidence that he Accused has shown remorse and has accepted responsibility for the offence committed. A guilty plea in fact should earn an accused credit as far as sentence is concerned. The Accused being a first time offender and as such the Court should consider if there are other ways to dealt with apart from incarceration. I take into account that he might have been disturbed to learn about the passing of the mother of his child. [8] However, the Accused is a former police officer and is expected to deal with such situation differently. He should have appreciated the nature of the job that police officers have to discharge. It is not an easy one and officers are always under threats and their lives at risk just to ensure that we enjoy a country where law and order are maintained. It would have been more appropriate for him to tell the officers that he understands the situation and that he would accompany them to the station without necessity to be handcuffed but he decided to show aggression. [9] In the circumstances, I convict the Accused to one three (3) months imprisonment and a fine of SR12,000.00 payable within 8 months of this sentence and in default to 4 months imprisonment. SR2000.00 out of the fine shall be paid as compensation to CpJ. Eddy Racombo. [10] 1f unsatisfied with this sentence, the Accused has a right of appeal against the same within 30 working days from today. Signed, dated and delivered at lie du Port on 091h February 2023. 4