Missing US $50 million corruption case   The ACCS hands over hard copies of disclosure of prosecution materials |19 February 2022

Defence attorneys and the accused alike in the case of the missing US $50 million donated to Seychelles in 2002 by the Abu Dhabi government, will now receive hard copies of the disclose evidence from the Anti-Corruption Commission of Seychelles (ACCS) to start preparing their defence.

The bundles include printed copies of all the evidence featured on the flash drive previously submitted to them by the ACCS, along with additional documents that have annexed.

It was during yesterday’s hearing that Antony Juliette, who is representing the ACCS, informed Chief Justice Rony Govinden regarding the development, noting that the remanded accused will receive their copies of the disclose evidence, delivered by the ACCS to their respective remand facility by today, the latest.

Based on the volume of the bundle of disclosure prosecution materials, Mr Juliette said it was not practical to bring it to court yesterday.

Regarding the previous request made by the defence in reference to access to a laptop computer, exclusively for the purpose of preparing the case based on the evidence provided on the pen drives, Mr Juliette explained that the ACCS did not find it necessary to go along with the process since the hard copies of the documents are properly documented and paginated.

He added that budget-wise, it was also not favourable for the ACCS to go along with the process.

Mr Juliette also noted that the ACCS has done the necessary in alleviating the need of the laptop by giving them every single page of all the documents in hard copies.

He also requested that the matter is adjourned to February 25, so that the hearing coincides with that of arms, ammunition and alleged conspiracy to commit terrorism.

This, he said, is purely based on alleviating some logistical issues on the police, carrying the accused in the two cases on different dates.

Representing herself, accused Laura Valabhji raised some concerns regarding the hard copies, stating that it will be a hassle to carry all the documents while working on the joint defence with her husband Mukesh Valabhji, while storage facilities in her cell is also an issue.

In his ruling, Chief Justice Govinden noted that physical disclosure is acceptable, despite being contrary to the specific order that the court previously made.

He however noted that if the counsel ever wants to vary a court orders the process should be done through an affidavit.

Chief Justice Govinden also approved the request for the two cases to be heard on the same say.

During yesterday’s hearing, Alexandra Benoiton was standing in for Basil Hoareau (representing Leslie Benoiton, Maurice Loustau-Lalanne and Lekha Nair), while France Bonte and Daniel Cesar were representing Mukesh Valabhji and Sarah Rene respectively.

The six suspects in the case, namely Laura Valabhji (accused of money laundering and concealment of property), Mukesh Valabhji (accused of conspiracy to commit official corruption, two counts of conspiracy to commit money laundering, money laundering, several counts for stealing and official corruption charges and concealment of property), Leslie Benoiton (accused of official corruption, money laundering charges, concealment of property, and stealing by person in public service), Sarah Rene (accused of money laundering and concealment of property), Maurice Loustau-Lalanne (accused of corruptly approving the devaluation of three hotels and to enable such properties to be purchased by the first accused {Mukesh Valabhji} at a price lower than the true and proper value of such properties – official corruption and two counts of stealing, and Lekha Nair (accused of corruption and aiding and abetting theft) will re-appear before the court on Friday February 25, alongside two other suspects, namely former Chief of the Seychelles People’s Defence Forces (SPDF) Leopold Payet, retired lieutenant colonel and presidential chief security officer Frank Marie who are facing charges related to arms, ammunition and alleged conspiracy to commit terrorism matter before the Supreme Court.

Roland Duval