Importation and possession of arms and ammunitions Suspects formally charged |12 February 2022

The five suspects in connection with the importation and possession of arms and ammunitions have been formally charged.

Prominent businessman Mukesh Valabhji, his wife Laura Valabhji, former high ranking army officer Leslie Benoiton, 75-year-old retired Brigadier and former Chief of the Seychelles People’s Defence Forces (SPDF) Leopold Payet, and 81-year-old retired lieutenant colonel and presidential chief security officer Frank Marie, were formally charged yesterday and remanded in custody until February 25, 2022 at 9am.

The several charges against them are in connections with importation and possession of firearms and ammunition and alleged conspiracy to commit terrorism.

The charges and application for further remand against them were filed yesterday morning by state prosecutor, Steven Powles, from the Attorney General’s office, following the expiry of the 90 days request for remands with regard to the investigation. The case has been brought forward by the police.

In summarising the charges in the morning, Mr Powles stated that Mukesh Valabhji (accused number 1), his wife Laura Valabhji (accused number 2) and former high ranking army officer Leslie Benoiton (accused number 3), have been charged with conspiracy to possess terrorist property (carries 7 years mandatory up to 20 years imprisonment), possession of terrorist property (carries 7 years imprisonment) and possession of fire arms and ammunitions (carries 15 years imprisonment). They are also suspects in the missing US $50 million.

Messrs Payet, Marie and Benoiton have been charged with abuse of office while being public servants within the Seychelles People’s Defence Forces (SPDF).

The charge, which carries maximum imprisonment of three years, reflects their roles in importing and securing various weapons and ammunitions without proper procedures.

All five accused have also been charged with conspiracy to possess fire arms and ammunition which carries a maximum sentence of 15 years.

Mr Powles, who was assisted by state counsel Joshua Revera, stated that it was alleged that the weapons and ammunitions, which were acquired over the years from Bulgaria, as from 2004, were to be used to commit a terrorist act, namely to cause death or harm to a person or persons, to intimidate the public or a section of the public or to overthrow the current legitimate government of the country.

Mr Powles said that basis of the charges relates to the amount of evidence collected to date.

He acknowledged that the investigation is still ongoing and that search is still being conducted at Mukesh and Laura Valabhji’s residence.

He added that the office also awaits international requests for banking records to establish how the payments for the various weapons and ammunitions were made.

He also said that the office is also waiting for the arrival of forensic expert to assist in the case including a ballistic expert to examine the perspectives of the different fire arms, among other digital electronic devices seized which have to be analysed.

He noted that all of the 94 fire arms and 38,490 rounds of ammunitions were seized in the house of Mukesh and Laura Valabhji and the home and work place of Mr Benoiton as from November 18, 2021 to January 26, 2022.

In applying the application for further remand of the five accused, Mr Powles said that as more evidence is gathered and others that will be gathered in the ongoing investigation, more time is needed to complete the investigation before the normal trial can begin.

Mukesh and Laura Valabhji, Leopold Payet and Leslie Benoiton reserved their rights to reply to the application on future occasions while lawyer Joel Camille objected that his client, Frank Marie, be remanded in custody. In his argument, the lawyer said that Mr Marie had initially told the police that he was only following orders from the commander in chief of the Armed forces at that time, the late President France Albert Rene.

He added that no arms, ammunitions or documents were seized in the possession of his client.

He requested that in view of his age (81 years old), Marie can be released on bail subject to court conditions.

He noted that the charges should have been laid upon the completion of the investigation and not while the investigation is still ongoing.

Mr Powles stated that Mr Marie was fully aware of the conspiracy to possess fire arms and ammunition as from March 2004 to November 2011, and his involvement was evident through documents that were seized.

He added that Marie also participated in the transportation of the weapons and ammunitions from the airport to the private residence of the late President Rene and where he also distributed some to members of the presidential guards for use.

He said that the SPDF had no records of the weapons or of the transaction.

He noted that other than posing a risk of absconding, if Marie is released on bail he could also interfere with potential witnesses, especially the past and current army personnel, given the position he held and influence he had over them.

He explained that as the fire arms and ammunitions were concealed, there are reasons to believe that some others are still hidden and with Mr Marie’s knowledge of their whereabouts, he could tamper with them, especially the 350 high explosives fragments declared on the documents seized and which have not been found yet.

In his ruling taken in the afternoon, Chief Justice Rony Govinden remanded Mr Marie along with the other four accused to 14 days in their current place of custody.

He stated that he agreed with the averments from the prosecutor in relation to Marie’s involvement in the conspiracy to possess fire arms and ammunition and abuse of office.

He added that although he agrees with the defence that charges should be made upon completion of investigation he also agrees with the prosecution with regard to exceptional circumstances in relation to the police investigation, where the arms and ammunition have been found hidden over a long period of time, which may lead to future prosecutions and discoveries involving any of the accused including Mr Marie.

In view of his advanced age and his health, Justice Govinden said the court will review his court detention on a regular basis if need be, to see that his health is not unduly affected while on remand at the Prohibited Immigrant detention centre at Pointe Larue.

Patrick Joubert