Importation and possession of arms and ammunitions   |04 July 2023

Five accused plead not guilty

The five persons accused in the case of importation and possession of arms and ammunitions have pleaded not guilty to the 27 counts of shared court charges laid against them.

At the start of the trial yesterday morning at the Supreme Court, prominent businessman Mukesh Valabhji and wife Laura Valabhji said that they were not ready to make any plea to the charges and given that the trial has started, the presiding judge, Chief Justice Rony Govinden, entered the not guilty plea on their behalf.

Former high ranking army officer Leslie Benoiton, retired Brigadier and former Chief of the Seychelles People’s Defence Forces (SPDF) Leopold Payet and retired lieutenant colonel and presidential chief security officer Frank Marie pleaded not guilty to all charges against them.

The trial yesterday started with a presentation by state counsel Steven Powles on minor amendments made recently to the original charges filed on February 11, 2022. This was in relation to typographic errors and two charges that were withdrawn against Mr Payet. It was in relation to these amendments that the Valabhji couple did not take any plea, ‘guilty or not,’ given, as cited by Mrs Valabhji, “they only received the amendments on Friday last week and as a couple they haven’t met to discuss those amendments.

The defence, namely lawyers France Bonte, Basil Hoareau and Joel Camille, had prior argued that they have not had sufficient time to go over the amendments to compare with the original version and that leave from the court had not been sought prior to amending the charges thus the procedure was not normal.

In his ruling, Justice Govinden said that the proposed amendments were mostly technical in nature and as such there was no need to file for a formal motion unless it had contained substantial issues or facts that the court would have determined in the interest of both parties.

He noted that the procedure followed by the Republic was correct and the parties concerned have been given sufficient time and opportunities since last Wednesday (July 28) to raise objections to those amendments.

Giving a recap on the case since the five were arrested one and half years ago, Mr Powles recalled that the Valabhji couple was arrested by the Anti-Corruption Commission Seychelles (ACCS) on November 18, 2022, in connection with the disappearance of $50 million loaned to the Seychelles government by the United Arab Emirates in 2002. Following further investigation and search in relation to the matter at their home at Morne Blanc by ACCS and police officers, apart from finding documents and papers relevant to the investigation, a large quantity of weapons and ammunitions were also found in areas around the house including in four concealed ‘hides’, built in behind the walls of a wine cellar. Also found were anarchist cook books related to terrorism.

Given that his name was found on documents and on some ammunition boxes at the Valabhji’s residence, Mr Benoiton was arrested on November 21, 2021 and from further investigation a cache of arms and ammunitions were found at his residence at Louise including in a safe belonging to him at the National Information Sharing and Coordination Centre (NISCC), Reflex Building, Bois de Rose, and at his dormitory at the Seychelles Coast Guard (SCG).

Mr Payet and Mr Marie were arrested on December 29, 2021 given that their names were found on signed documents, especially end user certificates, at the Valabhji residence, in connection with the importation of the weapons and ammunition from Delta-G, a Bulgarian company, from 2004 to 2006. They are facing charges of abuse of their offices and positions while being public servants within the Seychelles People’s Defence Forces (SPDF).

Both Mukesh and Laura Valabhji, including Mr Benoiton, are being charged under the Prevention of Terrorism Act 2004 that alleges that the weapons were to be used to commit a terrorist act to intimidate the public or a section of the public in the country and to remove from power the legitimate government. The three had no importation permit from the Seychelles Licensing Authority to import the weapons and ammunitions. The weapons and ammunitions had no connection to SPDF and some among them also ended up at the residence of former President France Albert Rene.

Mr Powles stated that given the nature and quantity of weapons found is such that if deployed, they were capable of causing serious harm and widespread death and destruction.

The trial continues today at 9.30am with witnesses from the prosecution.

Mr Powles was yesterday assisted on the bench by Counsel George Thachett. Lawyers France Bonte and Samentha Aglae, including two foreign lawyers, are representing the Valabhji couple in the case while lawyer Basil Hoareau is representing Mr Benoiton and Mr Payet. Mr Marie is being represented by lawyer Joel Camille.

Given that the two foreign lawyers are not present in the country, Justice Govinden said that the court will make available all possible technologies for their appearance online before the court today. He noted that in the event that they are not present, the case will go on.

Patrick Joubert