R v SJ & Ors (CO 56/2020) [2020] SCSC 661 (11 December 2020)

SUPREME COURT OF SEYCHELLES Not Reportable 2020 sese .9.45 eo 56/2020 In the matter between THE REPUBLIC (rep. by David Esparon) and S. J (rep. by Nichol Gabriel) S. B (rep. by Clifford Andre) L. C (rep. by Karen Domingue) A. M (rep. by Alexia Amesbury) J. M (rep. by Anthony Derjacques) V. A (rep. by Karen Domingue) S. L (rep. by John Renaud) R. P (rep. by Basil Hoareau) C. L (rep. by Nichol Gabriel) Republic I" Accused 2nd Accused 3rd Accused 4th Accused 5th Accused 6th Accused 7th Accused 8th Accused 9th Accused Neutral Citation: Republic v SJ & Ors reo 56/2020) [2020] sese C\~S 11 December Before: Summary: Heard: Delivered: Dodin J Bail pending Trial- release with conditions. 1 December 2020 11 December 2020 All three accused persons released on bail with conditions. ORDER RULING DODIN J [1] This is a ruling on bail in respect of the 1st, 2nd and 3rd accused persons who have been on remand since they were charged on the 20th July 2020. There are 9 accused persons in this case. Six have now been released on bail with conditions. The Prosecution maintains that the remaining 3 accused persons should be remanded into custody pending trial mainly because there has be no charge in circumstances and the submissions made on previous bail applications to which the Prosecution successfully objected to are maintained in this application against the 3 accused. [2] In respect of the 1st Accused the Prosecution submitted that in addition to the fact that the offences are serious and involve 24 alleged victims, trial is set to start within a reasonable time and the Court should also consider the modus operandi of the Accused to commit the offences. Learned Counsel submitted that the 1st Accused has also been convicted of a sexual offence in another case and is awaiting sentence. r---------------- [3] With respect to the Second Accused, Learned Counsel submitted that although the 2nd Accused has suffered a fractured foot whilst on remand, this does not change the ------- circumstances which warrant him to be remanded into custody. Learned Counsel submitted that the charges involve 11 counts against minor girls and 1 count of sexual assault. Learned Counsel referred the Court to the Case of Rep v M. L and others CR 63/2019 in respect of the sentence imposed if conviction ensue. [4] In respect of the third Accused, the Prosecution maintained that his medical condition, being diabetic and hypertensive can be managed whilst in remand. Learned Counsel submitted that in addition to the offences being serious they include 2 counts of child trafficking and use of his property to commit the offences. [5] The accused persons maintained their applications and the reasons contained therein. Learned Counsel who appeared for all 3 Accused submitted further that it is not fair just that the Prosecution insists on there being an organised group committing the crimes and yet released six of the other accused persons charged on bail and want to keep only the l " three Accused on remand. Learned Counsel further submitted that there has been changes since the last bail ruling in that now investigations are over, the Accused have all pleaded not guilty and the dates for trial are already set for the 27th July 2020. [6] Learned Counsel submitted that there is no real possibility of any of the accused persons interfering with the complainants or the judicial process. Learned Counsel moved the Court to release the 3 Accused person on bail with conditions. [7] Remand on bail should not be treated as ways to punish or reward accused persons prior to trial. The Court must always be guided by the principle that bail is a right and remand is an exception to the right to bail. Remand is not automatic and the Court should always consider whether sufficient conditions cannot be imposed to ensure that the accused persons do not interfere with the judicial processes through the witnesses, the investigation process, potential witnesses, complainants or simply abscond and fail to turn up for fna[lfiffiyoItbe above issues are realancl most likely to nappen, r mancltng into custody becomes a serious option to be considered. In any event, being released on bail does not mean that the Court abandons it supervision of an accused person since bail can always be revoked for sufficient reason placed before the Court. [8] Having heard all learned counsel and having revisited the affidavit of Detective Woman r find that the offences with which the accused Police Sergeant Marianna Eulentin, persons are charged are serious and carry substantial sentences if convictions ensue. However as stated in the case of Rep v Abdul Khudabin CR5912020, it is now trite law that "seriousness of the offence is not a standalone ground to remand an accused person into custody pending trial". Furthermore remand should not be a way to punish accused persons prior to trial if conditions can be imposed to manage and secure attendance of the accused as well as none interference with witnesses. [9] In this case trial has been set for 27th May to l " July 2021. There appears to be no further investigation to be conducted. The accused have fix abodes. Conditions can be imposed restricting contact by the accused persons with witnesses, complainants and any other potential witnesses. I am therefore satisfied that the accused persons can be released on bail with conditions. [10] I therefore release all 3 accused persons on bail with the following conditions: I. The accused persons shall not leave the jurisdiction of Seychelles without an order of the Court. 11. The accused persons shall deposit their passports or any travel document that they may possess into Court. Ill. Immigration Authorities are hereby notified not to issue the accused persons with any travel document, nor to allow the accused persons to leave the jurisdiction without an order of the Court. lV. The accused persons shall enter into a bail bond in the sum of Fifty Thousand Rupees (SCR 50,000) with two sureties vouching for them. ,- TLh~eaccused Qersons shall further deposit a cash bail in the_s_um_o_f_S_C_R _ 30,000 each. v. The accused persons shall be subject to the following restrictions on movements: a. They shall not be in a public place, entertainment place open to the public or other gatherings attended by members of the public between the hours of 8pm and 6am. b. They shall not have any contact with and not approach any of the complainants, witnesses or potential witnesses involved with this case. VI. Vll. VIII. The accused persons shall report to the following police station stations on Monday and Friday. A 1 to Mont Fleuri Police Station. A2 to Baie Ste AlU1e,Praslin Police Station and A3 to Anse Aux Pins Police Station. The accused persons shall report until the conclusion of this case to Court whenever required The accused persons shall not commit any similar offence whilst on bail. [11] Breach of any of the above conditions may result in bail being forfeited. Signed, dated and delivered at Ile du Port on 11th December 2020. G. Dodin