Procedural setbacks for prosecution in witchcraft case |20 January 2024
Senior Magistrate Andy Asba yesterday expressed frustration with the prosecution's handling of the witchcraft-related case, stating that the prosecution “does not know what it wants”.
Despite a court order to serve case documents to the defence by January 4, the prosecution's failure to paginate the 500-plus pages raised concerns for Magistrate Asba. He warned that this could lead to a “messy” and “nightmare” trial, emphasising the importance of proper documentation.
State Prosecutor Channa Durup defended the prosecution's position, stating that they would not rely on the documents during the trial but instead on the contents of a DVD, raising questions about the preparation and organisation of the case.
A significant point of contention arose regarding a motion filed by Counsel for the United Seychelles party leader, Dr Patrick Herminie, seeking severance of the charges for his client, on the grounds that his client's charges differed from those of the seven co-accused. Dr Herminie’s Counsel Basil Hoareau filed the motion during the December 22, 2023 proceedings.
The prosecution suggested that if the court ordered severance, they would need time to file charges individually.
However, Magistrate Asba noted that this would lead to the release of the first accused, a Tanzanian national, who will be declared a prohibited immigrant and repatriated. He repeatedly asserted that the correct procedure would be for the prosecution to withdraw the charge and file new indictments against the accused separately.
Dr Patrick Herminie, addressing his supporters, said that yesterday’s proceedings were indicative of the prosecution’s weak case against him.
He expressed confidence that the emerging evidence showcased the case falling apart and suggested it might be dismissed in the future.
“They have never had any evidence, particularly against me. I think the case was brought as an attempt to tarnish my reputation, or perhaps to stop me from participating in the Presidential elections in 2025,” he said.
“The case is so hopeless, the case has no merit. It is frivolous and vexatious, which is why they are facing difficulties in bringing the case against us,” Dr Herminie concluded.
The court is set to give a ruling on the pending motion during the next hearing scheduled for February 1.
The eight men were formally charged on October 2, 2023.
Among the offences for which they were charged are being in possession of anything intended to be used for the purpose of witchcraft, conspiracy to exercise in witchcraft.
Laura Pillay