Detention order on Valabhji couple’s Morne Blanc property |07 March 2023

Matter to be called before Trial Judge tomorrow

The Supreme Court yesterday ordered that the matter involving the Valabhji couple, Laura and Mukesh and the other party, the Commissioner of Police, regarding the detention of the couple’s Morne Blanc property requested by the police, be referred to and called before the Trial Judge on March, 8, 2023, which is tomorrow.

Judge Burhan therefore extended the detention order till tomorrow for that purpose.

The detention of the property is in relation to the ongoing firearms case against the couple.

It relates to an application under Section 26 of the Prevention of Terrorism Act (PTA) seeking a further renewal of the detention orders issued by the court on September 13, November 9 and December 9 of last year, in respect of the Morne Blanc property Title Number B 39 belonging to the couple.

While the detention order was in force, steps had to be taken by the prosecution to “formally produce the property in Court in proceedings for the offence under the Act as envisaged by Section 26 (5) of the PTA”. The ruling stated that steps were taken to formally produce the property in the Court proceedings.

Firstly, the prosecution had served the title documents of B39, showing ownership of the property, on all the accused and it intends to cite these documents at trial when it takes place.

Moreover, the prosecution has also served on all the accused, photographs of the property, showing both the property and the weapons that were found within it, as well as a plan of the basement of the property showing where the weapons were hidden in the property.

Judge Burhan said that “all this evidence will be formally produced at trial in due course”.

The Commissioner of Police filed a petition on August 28, 2022, requesting for the detention of the property under section 26 of the Prevention Terrorism Act 2004(PTA), stating that a  property can be seized in the event of it to be found storing weapons to be used for terrorism acts, which was the case of the Valabhji couple’s residence.

This was after fifty-seven firearms and over 37,000 rounds of ammunition were discovered at the residence on November 18, 2021.

Patsy Canaya