Supreme Court judge to decide on CJ’s recusal in cases against Valabhji couple |25 March 2023
Chief Justice Rony Govinden yesterday acceded to the request of Mukesh and Laura Valabhji, ruling that there would be a necessity for another judge of the Supreme Court to hear the case regarding his recusal from the two cases in which the couple stand charged.
The pair filed a recusal application through a joint affidavit providing reasons for CJ Govinden’s recusal on March 7, 2023, under the cover of a letter by Counsel James Lewis, which was served upon CJ Govinden in Chambers.
Mr and Mrs Valabhji are standing trial for a case relating to firearms and the prevention of terrorism, and the second, a corruption and money laundering matter.
Despite stating that the affidavit does not on any grounds convince him that he needs to recuse himself from the two cases on the grounds that he would be biased, he agreed with them that the matter has to be governed by the Rules in the Court of Appeal case, Government of Seychelles V SNP and others (2014), considering that the Rule is not clear in relation to the recusal of the Chief Justice.
“I am convinced that as a fair-minded and informed observer knowing all the facts would not come to conclude that there was a real possibility that I would be biased. They would not come to that possibility knowing well the facts,” he said.
“When I read those rules in the said guidelines, one thing that is clear to me is that the principle that transpires is that there is a need to safeguard both the right to fair hearing against the impugned Judge and the need for the Judge not to be a Judge in his own cause,” CJ Govinden stated.
As such, another Judge will hear the recusal matter and make an objective determination on the issues, under Rule 10.
In the meantime, motions and hearings in the two matter are stayed and CJ Govinden is unable to sit on them, until the recusal matter is fully determined before the hearing judge.
Once the Supreme Court judge is selected, based on their schedules and availability, the matter will be heard in early April.
The pair are on remand until April 6 when they are due back in court.
The trial for the corruption and money laundering matter is set for May 11.
Laura Pillay