Appeal Court dismisses appeals in money laundering and murder cases |26 August 2023
The Court of Appeal yesterday dismissed the appeal of Eric Leon for money-laundering related offences, as well as that of Ryan Underwood and Steffie Robert, both of whom received life sentences for their roles in the murder of Hubert Mothé.
Mr Leon who was found guilty of money laundering and conspiracy to commit money laundering was sentenced to four years imprisonment and ordered to pay a fine of R370,000 by the Supreme court on January 31.
However, during yesterday’s proceedings, president of the Court of Appeal Anthony Fernando noted that the appeal court decided to correct Mr Leon’s fine to R380,000. He is to serve a prison term of nine years six months should he default on the fine. Additionally, for each R10,000 paid, three months is to be deducted from the default sentence.
“I note that the learned Sentencing Judge had in calculating the total fine mistakenly missed out one count and it should in view of his order that a fine of R10,000 be imposed on each of the counts; namely 38 counts, should read as R380,000 and not R370,000,” Mr Fernando stated.
Leon was charged with 36 counts of money-laundering after the Financial Crime Investigation Unit (FCIU) was able to establish through a financial investigation, that he had laundered a total sum of US $56,500 (approximately R800,000) from Seychelles between May 2020 and February 2021, sum of which he had knowledge of and believed was the benefit of criminal conduct.
The funds were being transferred to Iran via Dubai.
Leon was arrested along with two others who were arrested in July 2021.
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 had raised numerous grounds of appeal against the fine, deeming it ‘excessive’, and prayed that it be quashed.
Mr Hoareau had also argued that the sentence is not justified in law, and is wrong in principle since there was no evidence to prove that Mr Leon had made substantial profit from the offences, and that the trial judge failed to consider that the fine would place an undue financial burden on Mr Leon, on his release.
Money laundering carries a maximum sentence of 15 years, and a fine not exceeding R5 million, as per sections 3 (4) (a) of the Anti-Money Laundering Act 2006.
Ryan Underwood and Steffie Robert V The Republic
Court also dismissed the appeal of Ryan Underwood and Steffie Robert who were each handed a life imprisonment sentence by jury trial in November 2022, for their roles in the death of Hubert Mothé.
Mothé was stabbed during an altercation at St Louis near his residence, on February 11, 2022. He was pronounced dead at the hospital.
Mr Underwood’s attorney, Tony Juliette appealed on five grounds, and asked that court consider reducing Underwood’s charge from murder to manslaughter, since his client was provoked and acted out of self defence.
Among the grounds of appeal on which he relied on is that the direction of the trial judge was misleading, in addition to material discrepancies in the prosecution evidence and the trial. However, the Court of Appeal stated that Mr Underwood’s appeal fails in its entirety. As such, both his conviction and sentence are upheld.
Robert’s grounds for appeal were also dismissed, and both her conviction and sentence upheld.
Ms Robert had appealed on two grounds, namely, both of which relate to the requirements to prove the offence of aiding and abetting.
Justice of Appeal Mathilda Twomey explained that intent to commit a crime can be inferred from both actions and words, and that evidence indicates that Ms Robert acted in such a way which led to Mothé’s death.
Appeal cases are heard by at least three Justices of Appeal, namely, president of the Court, Anthony Fernando, Justice Mathilda Twomey, Justice Fiona Robinson and Justice Lillian Tibatemwa-Ekirikubinza.
Laura Pillay