Perera’s First Big Blunder As CJ Spells Doom for Economic Stability in Seychelles!!
The whole country has now lost whatever little respect they had for the judiciary and it’s all thanks to the newly appointed Chief Justice, Ranjan Perera. The credibility of the justice system in Seychelles is now in tatters – worse than what it was under former CJ Vivekanand Alleear, which one would have thought inconceivable. Perrera was sworn in at State House before President Michel recently amidst major apprehension amongst legal practitioners, professionals and the population at large. CJ Perera’s track record over the long years practicing on the Bench as a Supreme Court Judge is not an enviable one. Many of his judgments, too many in fact, have been set aside by the Court of Appeal for one reason or another. In the recent case of Yulia Timonina, Perera went out of his way to please the government by judicially endorsing their decision and dismissing Timonina’s case. The Court of Appeal later overturned Perera’s judgment and said that he was wrong. In the Plantation Club case in which the government applied for liquidation of the company, Ailee Development, the owner of Plantation Club hotel, Perera again has shown clearly where his loyalty lies. He is showing a pattern of behaviour which is very disturbing indeed. It is safe to say that CJ Perera’s judgments defy logic and are based on whims, frivolity and motivated by political considerations. It seems that his appointment as Chief Justice has not changed anything. In fact, his appointment surprised everybody here as it appears to be a reward for giving the government what they wanted; Plantation Club hotel - The timing of his appointment which coincided with the Plantation Club case cannot be overlooked. We can expect more of the same from the man now charged with putting our legal system in order. Following the report by Irish state solicitor Barry Galvin, we hope like the Reilly report before, it is not another waste of the taxpayers’ money.
In the matter of Plantation Club, the Liquidator Ernst &Young, having been appointed by Supreme Court Judge Perera, now Chief Justice, was charged with selling the assets of Ailee Development, owners of the Plantation Club Hotel. The Liquidator petitioned the court for permission three weeks ago to sell the hotel in Seychelles rupees (Rs. 480, 000,000) and to lift all encumbrances (charges) to allow for smooth transfer of the property to the lowest bidder. CJ Perera granted their wish totally against the will of all the creditors, which included Bank of Baroda owed US $ 130million. The government, which has an 8% interest in the hotel, did not object to the request. In fact, the government never paid a single cent for the 8 shares as it was given to them as a gift by the owners. The Chief Justice went against the wishes of the majority shareholders with 92% interest in the hotel. This is ludicrous by any standard. Mr. Ronny Govinden, the Deputy Attorney General, who was Counsel for the Government in this particular case, gave a pathetic display on national television. He can argue until he is blue in the face, nothing he or the judge said or did make this shenanigan a fair and just judgment. It is proof, if proof was ever needed, that Seychelles does not have an independent judiciary; a point which this newspaper has made time and time again. Mr. Govinden said in an interview with SBC after the case that he believes that “justice had been done.” What a calamity from a man with big ambition!
This publication knows Govinden very well. We also know where he is heading. We will not stand in his way. If he is the best man for the job good luck to him, but does he needs to walk in muck to get there? At this stage we are not going to dwell on the politics behind the sale of the hotel and the controversial people behind the company which is buying the hotel. Suffice to say that the local company is fronting an offshore company which is itself shrouded in mystery. But we will treat this issue separately in another article. We have concentrated on the latest judgment by CJ Perrera in favour of the Government and the Liquidator because of the implication it is going to have on the legal system and on the country in general as an investment hub in the region. What is undisputed is that CJ Perera’s rulings and judgment in this case will have serious implications and consequences to the long term economic stability of our country.
