Setting the record straight: ACCS not withholding authorisation for payment of Valabhji legal fees |31 October 2022
The Anti-Corruption Commission Seychelles (ACCS) wishes to set straight media reports of allegations made by defense counsel to the press on Thursday, October 27, 2022 concerning payment of the Valabhji couple’s legal fees.
“We refute in its entirety the allegation that ACCS is not authorising payment of legal fees. Our legal counsel has already challenged this accusation in court and stated this is not the case.
“In accordance with the Constitution of the Seychelles, the Valabhjis are entitled to legal representation of their choice at their own expense. It is of note that in January 2022, the legal costs invoiced by their previous attorneys were paid from substantial funds held by Mr Valabhji in Singapore.
“When the request was made for a further substantial payment in June of this year, the ACCS requested clarification with regard to the fact that the invoice was directed at a Limited Company operating in the Seychelles, and that the fees for Mr and Mrs Valabhji had nothing to do with the operation of that business. Mr Valabhji is not entitled to use the funds of a Limited Company as his own private purse. We also requested a breakdown of the proposed fees, like we do with the local lawyers. No justification for the payment of their private legal fees was ever provided and no proper breakdown of the invoice was received. We were very clear that we were not stopping them from having legal representation and ACCS is happy to allow a variation of lawfully issued restriction notices on any of their personal accounts restricted under Section 60 of the Anti-Corruption Act 2016 – to allow them to pay their legal costs at their own expense.
What we cannot allow, as it is contrary to the Companies Ordinance 1972, is for their legal fees in criminal proceedings to be paid by one of Mr Valabhji’s businesses, in this instance Felicite Island Development Limited, as the charges have been laid against the Valabhjis and have nothing to do with this Company.
“We further would like to emphasise that this case is being tried in court and not in the media,” says May de Silva, Commissioner of the ACCS.
Press release from the ACCS