In court this week
MURDER CASE
The Supreme Court presided over by Justice Duncan Gaswaga is expected to deliver judgment soon in the case of The Republic v/s Cliff Emmanuel, Richard Freminot and Patrick Lime. The three accused were originally charged with murder after a 63 year old lady was found dead, tied and gagged, in her house at Pointe Larue. The evidence adduced so far clearly shows that the incident was a burglary gone wrong. There was no evidence that the culprits intended to murder or to cause the death of the lady although she tragically lost her life in the process. After extensive and thorough investigation, the police discovered that several items had been stolen from the house although no fingerprints were found. Patrick Lime pleaded guilty to manslaughter and was sentenced to undergo 8 years imprisonment after he made a plea bargain agreement with the Prosecution to testify against the two other accused. However, this did not materialise as Patrick Lime failed to turn up in Court to testify. The two other accused had their charges reduced from murder to manslaughter subsequently. In a motion brought before the Court earlier by lawyers representing the two accused, they had sought for dismissal of all charges against them because, they claim, pre-trial publicity in the media had prejudiced their case. They also claim that they would not be able to have a fair hearing before an independent and impartial court, as guaranteed by article 19 of the constitution. The accused had raised the objection after the incident had been widely reported upon in the Nation newspaper, on SBC TV and was also an issue in the National Assembly when discussing a motion about the rapid rise of violent crimes in Seychelles. Their names were apparently mentioned on numerous occasions during the National Assembly debate which was subsequently broadcasted on SBC TV. Justice Perera promptly dismissed their applications. The two persons, who exceptionally have been on remand for more than three years awaiting their trial, were ultimately tried by Justice Gaswaga. The trial ended on the 31st March 2006 and judgment is set for 18th October 2006. Richard Freminot had absconded and is still at large whilst Cliff Emmanuel remains on remand at Long Island prison. Although the Court agreed to deliver its judgment on the 15th May 2006 and on the 26th July 2006, judgment was not delivered because the proceedings had not been typed. The lawyer for Mr. Cliff Emmanuel, Mr. Frank Ally, had protested that the case has protracted and that his client has spent more time than was necessary on remand as a result. He has insisted that judgment be delivered on the 18th October as ordered by the Court or else. Although relatively new to the legal profession Mr. Ally’s rapid rise to the top is linked to his tough no nonsense style in Court which has gained the respect of both his peers and the Court. The case is difficult in that almost all of the evidence is circumstantial and the Court would be hard pressed to convict. There were also inconsistencies in the evidence of two crucial Prosecution’s witnesses who could have also been charged as accomplices. The outcome of the case is therefore unpredictable. The Republic is being represented by well known Prosecutor, Mr. Ronny Govinden, whilst Mr. Frank Ally represents Mr.Cliff Emmanuel. Both are experienced lawyers and have been involved in some high profile cases before the Supreme Court in the past. Mr. Frank Elizabeth represents Mr. Richard Freminot.
