Court of Appeal in session for second term |08 August 2023
The Court of Appeal stared its second term for the year yesterday.
Court held six sessions, three criminal and three civil, whereby involved parties presented their respective arguments relating to the grounds of appeal that they had filed.
Among the matters in session yesterday were that of Eric Leon vs The Republic, and Ryan Underwood and Steffie Robert vs The Republic.
Eric Leon vs The Republic
Appellant Eric Leon was sentenced on January 31 to four years imprisonment and ordered to pay a fine of R370,000 for money laundering.
Mr Leon was sentenced along with two others, after the Financial Crime Investigation Unit (FCIU) of the Seychelles Police conducted a financial investigation, which led to their arrest in July 2021.
It was established through the investigation that substantial sums of cash was being transferred and removed from Seychelles to Iran, via Dubai.
The Supreme Court charged Mr Leon with 36 counts of money laundering, as the investigation revealed that he had laundered a total sum of US $56,500 (approximately R800,000) from Seychelles, between May 2020 and February 2021, some of which he had knowledge of and believed was the benefit of criminal conduct.
Additionally, Leon was also charged with conspiracy to launder the sum of US $7500 (approximately (R100,000).
Mr Leon’s Attorney at law, Basil Hoareau, raised numerous grounds of appeal against the fine, deeming it “excessive”.
He argued that the trial judge should have considered Mr Leon’s financial means, adding that there was no evidence to prove that Mr Leon indeed benefitted.
His opponent, State Counsel Neesa Thompson, countered, asserting that the trial judge was in fact lenient, considering the seriousness of the money laundering related offences.
Money laundering carries a maximum sentence of fifteen years, and a fine not exceeding R5 million, as per sections 3 (4) (a) of the Anti-Money Laundering Act 2006.
Furthermore, it is imperative that court considers the major international implications of money laundering offences, Mrs Thompson urged.
Court will deliver its ruling on August 25.
Ryan Underwood and Steffie Robert vs The Republic
Ryan Underwood and Steffie Robert were each handed a life imprisonment sentence by jury trial in November 2022, for their roles in the death of Hubert Mothe which occurred on February 11, 2022.
Mothe was pronounced dead at the hospital, after being stabbed with a knife in the vicinity of his home in St Louis.
Witnesses including his mother had testified that he was involved in an altercation with Steffie Robert, and that Ryan Underwood arrived at the scene of the incident shortly after, when Mothe was stabbed.
During yesterday’s session, barrister Tony Juliette, who is representing Mr Underwood, provided four grounds of appeal against his conviction.
Mr Juliette forwarded the argument that his client was provoked and acted out of self-defense, going further to ask that the offence be changed from murder to manslaughter instead.
He highlighted what he said were a number of discrepancies in the evidence and the manner in which the case unfolded.
The court’s decision will be delivered on August 25.
Appeal cases are heard by at least three Justices of Appeal, namely, President of the Court Anthony Fernando, Justice Dr Mathilda Twomey, Justice Fiona Robinson and Justice Lillian Tibatemwa- Ekirikubinza.
Laura Pillay