R v Vidot & Ano (CO 60/2018) [2018] SCSC 8292 (16 October 2018)

IN THE SUPREME COURT OF SEYCHELLES Criminal Side: CO 60/2018 [2018] scsc qq;;l THE REPUBLIC versus TO~YVIDOT First Accused KEIRAMARIA Second Accused Heard: Counsel: 17 October 2018 Mr. Jayaraj, State Counsel for the Republic Mrs Amesbury for the accused Delivered: 17 October 2018 ORDER Twomey CJ [1] I have read the affidavit of Lauren Constance Officer of the Anti-Xarcotics Bureau (A.,\B) in support of a notice of motion to remand the two accused person namely Tony Vidor and Keira Maria into custody. [2] She avers circumstances in which both accused persons have been implicated in an investigation and then charged with the offence of conspiracy. She has also averred that threats have been made and that a search conducted on the house of the two persons resulted in the retrieval of a bag that is also implicated in the case. [3] I have also taken into consideration the submissions oflearned counsel for the two Accused persons namely that they have a right to their liberty under the Constitution of Seychelles and also that no drugs were found at the house of the two accused persons. [4] However, the offence with which the two accused persons have been charged is a serious offence punishable with life imprisonment and a fine of I million rupees. [5] Under section 179 of the Criminal Procedure Code of Seychelles it is lawful for a COUl1in its discretion to adjourn the hearing to a certain time and place to be appointed and also to suffer the accused person to be committed to prison until hearing of a matter. [6] r am convinced that at this stage given the contents of the affidavit and the seriousness of the offence and the threat averred to in the affidavit and also the fact that a number of telephones were seized disclosing contacts between the accused persons and the aggravating circumstances under section 48 (1) (a) of the Misuse of Drugs Act and the allegation that there may be an interference with tbe witnesses, that it is in the interest of both the accused persons and for the prosecution of this case that the two accused persons are remanded into further custody. [7] I therefore order they be remanded into custody for 14 days. Tony Vidot is to be remanded at Bois De Rose and Keira Maria to be remanded at Montagne Posse in the woman's quarters and to be separated from the woman prisoners. She will be in separate quarters. away from other woman prisoners and every affordable care be given to her and that her lawyer has access to her. [8] In the meantime I would like the prosecution to their very best to produce the book of evidence as soon as possible and for a date be indicated for pleas and directions hearing. Signed, dated and delivered at Ile du Port on 17 October 2018. L :vr Twomey CHIEF JliSTICE .lalpABS 10 lJnOJ nL~:•. J " a:J~snrPl41 AawON.12PI!41~r~'l(] - , \ , \ ). .'- 3