Supreme Court orders banks to unfreeze accounts of Laura Valabhji’s clients |04 March 2023

The Supreme Court yesterday ruled that the Anti-Corruption Commission of Seychelles acted beyond its powers when it gave instructions to three local banks to restrict all transactions on Laura Valabhji’s clients’ accounts and hence ordered it to unfreeze those accounts.

When the Anti-Corruption Commission of Seychelles (ACCS) arrested the Valabhji couple ‒ Laura and husband Mukesh ‒ back in November 2021, it restricted all their bank accounts and assets through sections 60 and 61 of the Anti-Corruption Act.

Mrs Valabhji objected to the restriction of her clients’ account, claiming that as a lawyer she manages her clients’ accounts and there are three of these accounts with the Mauritius Commercial Bank (MCB), one with Al Salaam Bank and a fifth one with Nouvobanq.

ACCS had objected on the grounds that it had evidence that Mrs Valabhji was using the clients’ accounts for her personal transactions. Her clients’ account is in her name.

The commission also argued that it had the authority to restrict transactions in such accounts affiliated to a person being investigated or suspected of having committed an offence under the law.

In yesterday’s ruling, Judge Melchior Vidot stated that section 60 of the law does not extend to clients’ accounts, unless the client is also a subject of the enquiry and therefore rejected it.

He added that ACCS had also not presented enough evidence that Mrs Valabhji was not using the accounts for her clients but rather for her personal use.

ACCS said it was not in favour of the ruling and would appeal it to protect the restriction notices under its anti-corruption law.

Compiled by Patsy Canaya