Trio get 30 years behind bars for drug importation and human trafficking |03 September 2022
Dario Soopramanien
Trio Fabio and Dario Soopramanien, along with Gerard Bastienne are to spend 30 years behind bars for the offences of conspiring to commit offences under the Misuse of Drugs Act (2016), drug importation and human trafficking.
The three, reappeared before Chief Justice Rony Govinden yesterday morning who imposed three sentences for each count laid against them, all of which are to run concurrently.
They each received a 20-year sentence for conspiring to commit an offence under the Misuse of Drugs Act (2016) (MDA), in addition to a R300,000 fine, payable within 14 days. Should they default in paying the fine, a five-year sentence will apply, to run concurrently to their sentences.
As for importation of the cannabis resin, possibly one of the “largest busts” according to CJ Govinden, they were each sentenced to 30 years and a R500,000 fine.
Each convict was handed down an individual sentence for the offence of human trafficking, for having recruited and transported Seychellois national Andy Bistoquet to an Iranian dhow, as a drug guarantee. Fabio Soopramanien was given a 20-year sentence for his role in the offence, as well as a R500,000 fine. Dario Soopramanien, on the other hand, was handed an 18-year sentence and a fine of R300,000, while Bastienne for his involvement was given 15 years and a R200,000 fine.
Court adopted a harsher stance to the human trafficking offence, imposing heavier sentences than in previous cases, with the aim of deterring and discouraging such criminal behaviour.
“This seems to be an increasingly worrisome trend in this country where offenders recruit, transport, and then transfer young Seychellois men to foreign lands where they are then held as drug guarantees. This amounts to exploitation and it forms part of one of the worst forms of human trafficking,” said CJ Govinden.
“In this case, in sentencing the convicts, this court feels the particular need to deter both the convicts and others to commit such offences as they are presently apparently not deterred by sentences previously imposed for such crimes by the court,” CJ Govinden stated.
All of the fines are subject to the same conditions, with five-year sentences applicable in default, to run concurrently with their sentences.
As the victim, Andy Bistoquet is to receive R500,000 in compensation, out of any portions of the fines to be paid by the convicts.
The convicts are to bear the consequences of the offence even after release from prison as court also imposed a travel restriction order applicable for two years after their release.
Furthermore, upon court’s orders, the speedboat ‘Flying Fish’ has been forfeited to the state, designated for use by the Seychelles Marine Police and Coastguards.
The time the convicts spent on remand are to be factored into their sentences.
As per the facts of the case, the trio, who CJ Govinden stated forms part of an organised criminal organisation, during the month of October 2021 agreed to import a substantial amount of controlled drugs, heroin and cannabis resin into the country, from a source in Iran, onboard the speedboat ‘Flying Fish’ owned by Bastienne. They also at the time agreed that they would recruit Bistoquet from Seychelles to be transferred as a drug guarantee for the purpose of drug exploitation.
According to court’s records, the trio met during the third week of October 2021 in La Digue, where they attempted for the first time the operation, but failed.
The second attempt took place on October 31, 2021, where Bastienne, along with victim Andy Bistoquet boarded the ‘Flying Fish’, and set out from Praslin to meet with 11 Iranian nationals onboard a dhow at sea, for the drug and “human bondage” exchange. As the victim was unknowingly transferred on board the dhow, Bastienne, along with another individual who set out with them but has since been dismissed from the case, proceeded to load the gunny bags consisting of the controlled drugs onto their vessel.
Upon their return, a Seychelles Air Force Donier flying overhead filmed the operation, and observed packages being thrown overboard. As the Coast Guard officers moved in on them, Bastienne also disposed of a satellite phone, again disposing of the packets in the sea.
Sixteen empty packets suspected to have contained heroin was recovered near the boat, along with approximately 132 packets containing 130.58 kilogrammes of cannabis resin. Tests later revealed that the empty packets tested positive for heroin.
A second vessel, ‘Vally’ was also intercepted by the Coastguard with Fabio on board. Dario was subsequently arrested at his residence.
Andy Bistoquet was rescued in an operation mounted with the support of international forces, and returned to Seychelles on November 25, 2021.
In setting out the sentences, CJ Govinden ran the court through the mitigating factors, including the fact that they pled guilty from the beginning of the case, thereby saving courts’ time and resources, coupled with the fact that they are all fairly young, also having in common minor dependents.
He, however, stated that “these mitigating factors are heavily outweighed by the existence of many aggravating circumstances.
The fact that the offences committed involved a commercial element, and their involvement in an organised criminal group were among the aggravating factors. The fact also that it involved “aggravated human trafficking” was also factored into the sentence.
Moreover, the quantity of controlled drugs imported into the country, most notably the heroin which was discarded by the convicts before apprehension, and the negative impact on society all contribute towards the case being one “that is aggravated in nature under the MDA,” CJ Govinden added.
Laura Pillay
