In court this week
Sexual Interference with a Child does not exist...
The Court of Appeal has remarkably quashed the conviction and sentence of a young man who was convicted by the Supreme Court of the offence of “Sexual Interference with a Child.” The Court in a novel judgment stated that the offence of “Sexual Interference with a Child” is not a statutory offence recognised under the Penal Code of Seychelles.
The man has shockingly been convicted and sentenced under a law that is non-existent. The young man, who was already serving his sentence at the much dreaded Montagne Posee Prison, was clearly relieved when the judgment was read in open court by the Judges of the Court of Appeal. He was immediately set free.
The Court however, ordered that the man should now be charged “de novo” with the appropriate charge and under the pertinent law. Subsequently, he can then be tried again by the Supreme Court. For years the Attorney General’s Office has been charging people with this apparently non-existent offence and the Court has convicted and sentenced numerous persons under this law.
However, the implication of this judgment is not serious for people who has already been convicted and sentenced under this “law” as they have already exhausted their right of appeal. The point of law was canvassed for the first time before the Court of Appeal by well known attorney, Mrs Alexia Antao. The Court of Appeal has, also for the first time, got the opportunity to pronounce itself on this point. The decision of the Court of Appeal is unprecedented and creates legal history in that henceforth nobody will be charged, or if charged, will not be convicted, of this non existent offence.