Accused in murder case remains on remand |07 July 2021
Thomas Debatisse, a street artist from Nice who is accused of murdering his companion at the Club Med Hotel, St Anne, earlier this year, is due to re-appear in court on July 20,, where he is expected to plead guilty or not guilty to the charge, and a date set for the trial to commence.
Mr Debatisse, represented by lawyer Kieran Shah, appeared in court yesterday afternoon for his plea, but did not do so after the prosecution failed to provide to court all relevant documentation and evidence pertaining to the case, specifically, the DNA analysis report.
Presiding Judge Melchior Vidot asserted to the Prosecution the urgency in submitting to court and the accused the evidence and report, and the importance of not causing any delays in the case, on account of the defendant’s fundamental right to a fair trial.
“I cannot force him to take a plea if he does not want to without the appropriate documents…It is unfair on him, and the law requires that he is given a fair trial within a reasonable amount of time,” Judge Vidot reminded the Prosecution.
He also proceeded to remind court of the challenges that the pandemic could pose to the case, for instance if jurors end up in quarantine through the trial, again highlighting the urgency in moving along in the case.
For his part, Prosecutor Hemanth Kumar noted that at least 90 percent of the evidence and documents pertaining to the matter have already been submitted to court. He however informed court that forensic DNA analysis is conducted in Mauritius as per the agreement in place between the Seychelles Police Force (SPF) and the Mauritian government, although the Covid-19 pandemic and resulting closure of borders are the primary cause of delays.
Judge Vidot proposed that arrangements be made for sample analysis to be conducted elsewhere where borders are open, and to depart from procedure to allow for the results to be delivered within the shortest time possible.
Mr Debatisse is to remain in remand custody until July 20. In the meantime, he has been granted by Judge Vidot access to the smartphone and clothing items that the prosecution intend to use as evidence in the case, on condition that Mr Shah and an Exhibit Officer is present to ensure that the evidence is not tampered with.
Laura Pillay