GOVERNMENT IGNORES THE RULING OF ITS OWN COURT!
In a landmark case against Andre Kilindo (former Police Commissioner) and The Government of Seychelles in Civil Side Case No. 20 of 2004 - filed before the Supreme Court of Seychelles by Attorney Frank Ally on behalf of nine ex-senior police officers and two special constables. Namely; Tyte Morin, Kishan Labonte, Robert Bibi, Michel Vital, Roger Legras, Clive Elizabeth, Jack Valentin, Maxime Tirant, Daniel Dogley, Andre Vital and one Raymond Wong. On the 30th of September 2005 the Chief Justice, V. Alleear pronounced judgement in favour of the plaintiffs.
The plaintiffs were suing the then Commissioner of Police, Andre Kilindo, 1st Defendant, and the Government of Seychelles, 2nd Defendant, for damages for alleged unlawful dismissal and for the Court to issue an order for re-instatement to their respective positions they held in the force before their dismissal.
The Supreme Court ruled in favour of the plaintiffs ordering Andre Kilindo and Government of Seychelles to pay the eleven plaintiffs a total amount of SR985,510.00 in damages. The first and second defendants were given one month to pay the damages to the plaintiffs.
It was further decided that since the posts previously occupied by the plaintiffs had been abolished, they could not be re-instated in the posts. However, the Court strictly urged the Commissioner to seriously consider the re-employment of the plaintiffs whenever vacancies arise in the force. “The plaintiffs ought to be given priority over all candidates applying for positions in the Force,” the judgement reads.
In the last few months, several senior positions within the Police Force became available. We have been reliably informed that no one from the above list of sacked officers have had an approach from the Commissioner as to their interest in the newly created positions. In fact, most of the new positions were given as reward to people involved in the massacre of opposition supporters on the 3rd of October outside the National Assembly.
This is another clear indication of the value this Government puts on the decisions/orders of the Judiciary through the Courts, in that case the Supreme Court and in particular the Chief Justice. CJ, V. Alleear, whose recommendations has been ignored has remained conspicuously silent on this matter. Observers are saying that CJ Alleear cannot but to stay quiet on the matter, as he has asked and received too many favours from the Executive.