In re the Proceeds of Crime (Civil Confiscation) Act, 2008 The Government of Seychelles v Roselie (MC 60 of 2024) [2024] SCSC 179 (15 November 2024)

SUPREME COURT OF SEYCHELLES In the matter between: THE GOVERNMENT OF SEYCHELLES (rep. by Brandon Francois) and Reportable MC 60/2024 Applicant PETER JAMES ROSELlE Respondent Neutral Citation: Before: Summary: Delivered: In re the Proceeds a/Crime (Civil Confiscation) Act, 2008 The Government of Seychelles v Peter James Roselie (MC60/2024) Burhan J Disposal Order under Section 5 of the Proceed of Crime (Civil Confiscation) Act, 2008 as amended. 15 November 2024 (15 November 2024) ORDER I proceed to issue a Disposal Order in terms of Section 5(1) of PO CCC A, directing that the whole of the property, namely SCR 7,451,506.56 being the sum realized from the sale of five BMW X5 X Drive 40e vehicles presently being held in a receivership account at the ABSA Bank Seychelles, be transferred to the Republic. I make a further order that such transfer shall confer absolute title to the Republic free from any claim of any interest therein. ORDER BURHANJ [1] On 16 September 2024, the Government of Seychelles represented by State Counsel Brandon Francois filed a Notice of Motion MC 60 of2024, seeking a Disposal Order under Section 5 of Proceeds of Crime (Civil Confiscation) Act, 2008 as amended (POCCCA) in respect of the property as set out in paragraph 1 of the motion, namely SCR 7,451,506.56 being the sum realised from the sale of five BMW X5 X Drive 40e vehicles, presently being held in a receivership account at the ABSA Bank Seychelles. [2] It is set out in the Notice of Motion that Chief Justice Twomey, as she was then, had issued an Interlocutory Order on 07 September 2020 under Section 4 of the POCCCA. It is further set out in the Notice of Motion that the said order has been in force for over a period of twelve months and although there was an appeal from the said order, the appeal has been dismissed in its entirety. [3] The affidavit of Sergeant Dave Jeanne dated 16 September 2024, a Sergeant in the Financial Crime, and Investigation Unit (FCIU) has been filed in support of the said motion. A copy of the said Interlocutory Order has been affixed as DJ1to the said affidavit. Further, a copy of the judgment of the Seychelles Court of Appeal dated 16 December 2022, dismissing the appeal has also been attached as DJ2. [4] A notice of the said motion was issued on the Respondent Peter James Roselie, which according to the report filed was served on him on 26 September 2024. However, he has failed to appear in Court on the due date of 02 October 2024. The Respondent also did not file a reply to the Notice of Motion. [5] Having given due consideration to the contents of the affidavit of Sergeant Dave Jeanne and the documents annexed thereto, I am satisfied that the said Interlocutory Order dated 07 September 2020, in relation to the specified property has been in force for not less than 12 months and further the appeal in respect of the Interlocutory Order has been concluded and dismissed. [6] It is further stated in the said affidavit that there is no pending application under section 4 (3) of the POCCCA before any Court on behalf of the Respondent or any other person in respect of the said property. I will proceed to accept the affidavit as evidence placed before this Court, which is supported by the annexed documents namely, the Interlocutory Order dated 07 September 2020 (DJ1), and the Judgment of the Court of Appeal dated 16 December 2022 (DJ2). [7] I am satisfied on perusal of the said affidavit evidence and documents annexed to the application that an Interlocutory Order has been given in respect of the said property on 07 September 2020 and that in terms of Section 5 (1) of the POCCCA, the said order has been in force since then for over a period of 12 months. I am also satisfied in terms of Section 5 (2) of the POCCCA that there is no further appeal pending before the Court of Appeal in respect of the said Interlocutory Order or any order under Section 4 of POCCCA and there is no application pending under Section 4(3) of the POCCCA before any Court in respect of the said property. This Court, having considered all the salient facts before it, is satisfied that no injustice will be caused to any person in terms of Section 5 (10) of the said Act if the Disposal Order is given. [8] I, therefore, proceed to issue a Disposal Order in terms of Section 5(1) of POCCCA directing that the whole of the property, namely SCR 7,451,506.56 being the sum realised from the sale of five BMW X5 X Drive 40e vehicles presently being held in a receivership account at the ABSA Bank Seychelles, be transferred to the Republic. [9] I make a further order that such transfer shall confer absolute title to the Republic free from any claim of any interest therein. Si~e~ated, and delivered at Ile du Port on 15 November 2024. ~~". ,/ M Burhanl 202-f. 4