By Clifford Andre
A very good evening to all law abiding citizens of this country. I would like to take this opportunity to exercise my constitutional right of reply using the Seychelles daily because I think that it is the only place where real information can be placed for the consumption of those who wants to know the truth. Mr. Gervais Henry, editor of Hebdo, I will post this on here as I know if I write to your paper, which to me is a real paper, but not a news paper, you will chose not to publish it as it is your right to do so and since you are protecting your boss Mr. Francis.
The article in your paper with reference to my ICSP license is very good. I would like to thank you for also putting along side a photo of me, where I am smiling. The smile you have chosen to publish is a true smile coming from a real man, a real citizen of this country and a person who has behind that smile real qualifications. I have not once faked or forged any certificate, misrepresented any authority with forged certificates. It looks like your job now has been to protect non law abiding citizens at all COSTS and hitting at law abiding citizens like me. Mr. Henry you don't scare me one bit. I am real and not a forgery lawyer.
According to revelation that a named Mr. Marco Francis which you claimed in your article of last week and named him in your article again this week, tendered forged law degree certificates to SIBA in 2008 is or should be of no concern to Seychelles. This shows me your true values. One where you want to have lawlessness, yet you advocate that we need to put some law and order in our country. Get your priorities right.
I Mr. Clifford Andre former Captain in the SPDF (retired) for your information started studying law in 1994, well before even you or your friend Marco Francis decided to attend university of Durham to obtain an LL.B Houours, which according to record was awarded to your boss should I say Mr. Marco Francis.
For your information Mr Henry and Mr. Francis, I have all authentic, genuine certificates from the following institution, that can be viewed, inspected and verified by you and your boss Mr. Francis.
1. Institute of Military Law, Kamptee, India, Qualification - Judge Advocate General
2. University of East London, Barking Canpus (U.K) Qualification - LL.B (Hon)
3. IMO - International Maritime Law Institute - Malta, Qualification - LL.M in international Maritime Law -dissertation -Delimitation of Maritime Boundary
4. University of Witzwatersrand South Africa - certificate in Defence and security Management
5. University of Durham (UK)- certificate in delimitation of boundaries ( this is where allegedly your boss Mr. Francis fabricated his LL.B Houours.... from and now with your assistance he is trying to justify it. Mr Henry, this is like laundering money because you are trying to justify a wrong doing instead of admitting that what has been done is wrong and should not be condoned.
6. Northumbria University (UK) - Bar Vocational Course. Barrister -at - Law
I am proud to be a Seychellois who holds qualification that only 2 others have in Seychelles. I am not at all like Mr. Marco Francis who has submitted to SIBA then a fake, forged certificate with so many errors as pointed out by the University itself. I will always walk with my head up high and above all I would like to thank the Seychellois people for having given me the opportunity to be a real lawyer today. I will work for Seychelles as I am a real Seychellois.
Mr. Henry, you have attempted with complicity to try to divert the attention of the submission of forged documents by Mr. Francis, by focussing on my CSP license. I will explain to you the real story as I have nothing to hide and I would like the people of Seychelles to know the real truth about the operation at SIBA/FSA. This will be in part 2 of this very lengthy and details reply to you Mr, Henry.
For your information, Mr. Clifford, Marcellino, Jason Andre has done no harm to his country, but the contrary applies to you. I see that you are using the opposition paper to justify fraudulent actions of Mr. Francus and attacking me personally as a law abiding citizen. What I see you are trying to say and do is to encourage our youths to do the same as Mr. Francis has done as it can be excused or rolled under the carpet. What Mr. Marco Lorenzo Francis did is an offence by law, specifically the penal code of Seychelles. I did not draft it for your kind information.
In your other article about SCCI you mentioned that there are issues between Mr. Francis and his treasure Mr. Clifford Andre. Mr. Henry I would like to inform you and the whole of Seychelles that I am not and will never work for a person who has dared forged a law degree. I am the treasurer of the SCCI, not the treasure of Mr. Francis. If he has employed you to work for him, he will never get such chance to do the same with me. I am a proud black man, who has been taught by my dear parents, Mr. Miguel Andre and Mrs Edwige Andre how to be honest, independent and for your information, my grand parents the Colas was co- founders of this very society that you and Mr. Francis is trying to make believe I don't like. You are mistaken, no matter how you will call me or collude with others to call me or write about me, I will remain proud of what I have done for this country and for what my grandparents and parents have done. They have always reminded me of such. You are just assisting wrong doers and if you get support good for you, but don't think that you will get my morals low. I will die one day, but my children and grandchildren will keep on my legacy and it will live on. Trust me Mr. Henry since I have done no wrong to this county and it's people.
I have committed no offence and in case you are wondering, please compare, which one warrants a revocation of license. The fraud committed by Mr. Francis or a few papers missing from a file which they say is compliance. Answer this if you have the scruple that is.
I have never been involved in fake USD and many more are to come. Watch this space guys.
Saturday, August 30, 2014
Friday, August 29, 2014
PRESIDENT OF SEYCHELLES JAMES MICHEL’S ACRES; HIDEOUT ON LA DIGUE
James Michel owns land on La Digue bought from Mr Gregoire Payet in 2000. Parcel LD 1242 exchanged hands for the modest sum of sixty thousand rupees; nothing odd in that but where did Mr Payet get the land?
In 1985, Mr Payet exchanged three parcels of land at Bel Ombre, Mahe for one parcel at Anse Severe, La Digue. The exchange was undertaken between Mr Payet and the government of Seychelles represented by President Rene. Parcels J6, J7 and J8 were exchanged for parcel LD 293. Parcels J6, J7 and J8 amounting to less than 5800 square meters in total were exchanged for parcel LD 293 totaling more than 42,500 square meters. LD 293 is situated at Anse Severe La Digue overlooking the jetty, prime land. This was an atrocious exchange of state land to benefit one individual at the expense of the people of Seychelles but that is not the end of the story.
Mr Payet went on to subdivide parcel LD 923 into Parcels LD 944 and LD 945. Parcel LD 944 has further been subdivided into several smaller plots. President Michel bought parcel LD 1242 as a sub division of Parcel LD 944. Parcel LD 1242 was further sub divided into Parcels LD 1065 and LD 1349 and registered into Michel’s name in 2003. A house presently stands on Parcel LD 1349. Parcel LD 1351 adjacent to LD 1349 has been sold to one Mrs Chang Leng; a very familiar name indeed.
From the transactions, it is obvious that Mr Gregoire Payet intends to keep half of the original land exchanged for himself as Parcel LD 945 but what about the other half that has been subdivided? Will the parcels be ‘sold’ to a few selected individuals only?
The issue of state land being acquired by a select few individuals through unethical means has been the subject of national debate for many years but no one has ever been taken to task for these acquisitions. Neither has any explanations been given to justify these absurd transfers of state land. The reason is now becoming evident; even the top brass is involved in the transactions. Mr Gregoire Payet was once the kingpin of all government land on La Digue as the Managing Director of L’Union Estate. Since financial irregularities of L’Union Estate were made public, Gregoire has vanished from the limelight and nothing has been heard since.
Tuesday, August 26, 2014
MURDER IN THE SEYCHELLES?: Everything is suspect in the death of Harmon Chellen
The article in Le Mauricien(Google Translated) | August 25, 2014 - 3:05 p.m. | By
LINDLEY COURONNE
"In the hands of
the individual, the force is called crime. In the hands of the state, the force is called
right ... "- Stirner
I do not know Harmon Chellen. But, following his highly
suspicious death in the Seychelles I conducted a week-long intensive
investigation for the students, employees and acquaintances. Indeed I was
deeply shocked by the death as brutal and unexpected. Because everything is
suspect in what may now be called the Case Chellen.
We first note the
haste with which the Minister of Tourism, St. Ange, explicitly refers to
"asphyxia" and implicitly drowning and even the "suicide".
But St Ange is not a forensic pathologist, or even chief of police. However,
in a rule of law that respects itself, a minister leaves the investigation be
conducted impartially before deciding, especially so categorically. So why does
it take place with such eagerness? The tourist reputation of his country does
more valuable than the life of a man, even when he is a guest of honor of his
country? Lindley Couronne The director of Human Rights Indian Ocean (DISMOI) "In
Chellen case, it is essential to hold to account the Seychelles government,
because it is in the safety of citizens in the Indian Ocean"
A second autopsy in Mauritius revealed that Harmon Chellen
had sustained injuries to his left temple, which it says confirms the theory of
"suspected foul play.” Post mortem results released by the Seychelles
police had not revealed these injuries.
Then notice how very singular of the investigation Seychelles
Police that deserves some attention for a while. For we shall see a
disconcerting amateurism or cynicism that is bloodcurdling ... Let’s look at the
facts: Police arrested at 9:40 am Harmon Chellen following the allegations of a
woman working his hotel. These officers say Mr. Chellen shows
"uncooperative," which in the jargon of all the world's police to say
he does not want to sing the same song as the investigators.
At 2:28 p.m., lo and behold, Chellen is "reported"
missing "in the precincts of the police station! At 2:29 p.m., according
to the book of the police, the police left the post to go in search of the
person they had arrested! Finally, at 14:50 a citizen of Seychelles found his
body 500 meters from the police station where he had "escaped" ... in
a place where even the unconscious suicidal would struggle to drown ...
Except to be amateur sleuths, hard not to ask many questions:
who saw Harmon Chellen living between his "escape" and the discovery
of her body (If possible someone reliable and who is not a witness the police).
Can and should we believe the police version? Mr. Chellen who was a morally
strong man it have been seized with a sudden urge to suicide between the police
station and the hotel where he was about to return before flying to join a
united and loving family? Last but Harmon Chellen has he really left the
station alive Police - questions that will inevitably arise all those familiar
with police methods in Africa and the southwest Indian Ocean?
Anyone who does not
ask these questions still lives in the world of Alice in Wonderland. Especially
if the Seychelles Police is known. As for the citizens of the world would know
that the image of Seychelles postcard-cocofesse, police in this country can, if
they want (or when they are ordered) behave like real Tonton Macoute.
Manipulated by the party in power for nearly 40 years they have been known to,
for example, the bloody beating up in broad daylight of Wavel Ramkalawan, the
leader of the opposition, for beatings and torture of prisoners in order to
confess, or to have removed any person likely to endanger the political oligarchy
in place. Some would say that the Seychelles have changed and that the police
state is gone. But there was barely a year I have personally investigated the
Seychelles during which I interviewed opponents, journalists, ordinary
citizens, and I know enough about the political situation in order to say that
"nothing is same, but everything is like before.”
In the Case Chellen it is essential to hold to account the
state of the Seychelles as it is in the safety of citizens in the Indian Ocean
and thus the world. Arvin Boolell, our Foreign Minister, promised to discuss
the case with his counterpart in Seychelles, Boolell but is not one to make
waves, "realpolitik" of the Mauritian State may raise concerns that
the decision is to "sacrifice" Chellen. That's why our Organisation
will not hesitate to alert international public opinion if all the light was
not made on this case and justice served. It is for the Mauritian media (and
all media in the Indian Ocean) to conduct their own investigation into the case
Chellen not be "embedded" in the middle of childish and unnecessary
political palaver.
Source: Le Mauricien(Google Translated)
Monday, August 25, 2014
Seychelles Chief Justice departs
Frederick
Egonda-Ntende has left the office of Chief Justice after his contract was not
renewed. Who will succeed him?
Chief Justice (CJ)
Frederick Egonda-Ntende has vacated his office. He departed on Wednesday, when
the Ugandan judge’s contract ran out. This was announced in a brief email
circulated by the judiciary on Thursday. His chair has been filled by Acting
Chief Justice (ACJ) Durai Karunakaran, who has backed him up in this capacity
over the last five years, but whether this is a permanent fixture remains to be
seen.
As the end of Mr
Egonda-Ntende’s contract loomed closer over the last few weeks, there has been much
speculation about whether it would be extended for another two years or if the
Constitutional Appointments Authority would appoint another Chief Justice.
According to sources in the legal profession, when neither happened, Mr
Egonda-Ntende ended up feeling like was being strung-along, packed his bags,
and left.
Attorneys that TODAY
spoke to seemed surprised by the swiftness of the former Chief Justice’s
departure, and wondered if he would return in some other capacity to preside
over outstanding cases. ACJ Karunakaran stated this is not the case. “He won’t
come back to office,” he confirmed to this newspaper, adding that “he does not
have any cases that cannot be transferred to other judges.”
ACJ Karunakaran said that CJ Egonda-Ntende’s contract expired
on 20 August, and he received a call one day later informing him that he will
assume acting duty two days later. This seems to have happened haphazardly as
Mr Karunakaran confirms that he has not received any official documents
confirming this yet. When asked if the position could become permanent, he said
it is “possible.” “It would be good, I’ve lived and practiced in Seychelles for
the past 32 years and have a lot of experience in this court,” he said. ACJ
Karunakaran is an Indian national.
Former CJ
Egonda-Ntende was sworn to office on 21 August 2009, and presided over its
translocation to Ile du Port, as well as several other notable developments in
the judiciary. Sources expect that his permanent replacement will be announced
over the next few days, and at least one local attorney has confirmed that they
have submitted an application for the vacant post.
Source: Today
Saturday, August 23, 2014
Marco Francis and Steve Fanny must resign; Seychelles in disarray
It has come to light that in 2008
Marco Francis, the current Chairman of the Seychelles Chamber of Commerce and
Industry (SCCI), had deceitfully submitted a forged document in the form of a
degree certificate to the Seychelles Financial Authority (FSA) which was
formerly the Seychelles International Business Authority (SIBA) in an attempt
to trick the authority. The suspicious degree certificate from Durham
University was investigated at that time by Dr Steve Fanny himself as the Managing
director of SIBA, with the findings from the University confirming the forged
document. The fake degree certificate was presumably a required document in
setting up an offshore company for the SCCI chairman. Dr Fanny, now the Principal
Secretary for Economic Policy, Trade and Investment, for reasons only known to
him decided to hide and suppress the findings by taking no appropriate action at
this attempt to defraud and deceive the authority he was entrusted as Managing
Director.
On 16th October 2008
Dr Fanny wrote a letter to Mr Paul Brierley, the Examinations and Assessment
Manager at Durham University at that time, to verify the authenticity of the
submitted degree certificate. In the
letter he specifically queries the spelling error with “Honours” spelt
“Houours”; a clear giveaway.
In the response of Mr Brierley he
confirmed that it was indeed not an authentic Durham University certificate,
citing numerous reasons including the fact that the signatures of the Vice
Chancellor and Registrar are not correct. He further indicated that they had no
record of any student named Marco Lorenzo Francis having attended Durham
University. The primary objective of the SCCI is to promote and protect all
types of business and investment in Seychelles and this will come as a most
staggering embarrassment for the association. And it will also be an
embarrassment for President James Michel, as the SCCI chairman is part of the
14 distinguished member of the National Forum. Marco Francis is now all but
distinguished; a distinguished fraudster and deceiver perhaps.
Upon investigating the matter at
hand, Durham University was contacted to confirm the enquiry by Dr Fanny. In an
email received from the Student Registry, Durham University confirmed that “this letter is authentic, all of the information given in the
letter is correct, and it was sent from Durham University by Mr Paul Brierley.”
With the confirmation of the
forgery and in the capacity to discharge his functions as Managing Director, Dr
Fanny should have used his best endeavour to ensure that the Authority operates
in accordance with the principles of good governance and to fulfil its
statutory obligations and properly discharges its functions. No action whatsoever was taken; a gross and
shameful neglect of Dr Fanny’s duties. How many other cases has Dr Fanny swept under
the carpet, was there collusion between the two parties in the form of bribery ,
what else as a Principal Secretary in the Finance Ministry could Dr Fanny be
hiding and now questions have to be
raised regarding the recent fire at the FSA.
The Penal code states that
forgery is the making of a false document with intent to defraud or to deceive
and “who makes a document purporting to be what in fact it is not”. Furthermore
“any person who forges any judicial or official document is liable to
imprisonment for ten years”. Recently it was brought to the attention that a
criminal investigation by the police on this matter has been ongoing for the
past three months. The police have all the necessary documents but have been
painfully slow in acting; they seem petrified to investigate the case.
The case of Marco Francis is
clear cut; a felony was committed. It was investigated by the Managing director
of SIBA and no action was taken as required by law and the truth kept away from
the public; a clear violation of ethics and the duties of Dr Fanny. They can
never be trusted again. The people of Seychelles deserve better and because of
this most shameful and deceitful law breaking act, both Marco Francis and Steve
Fanny must resign immediately to restore any confidence left in the SCCI and
Ministry of Finance.
By A.Pierre
Wednesday, August 20, 2014
Waste of public money by Seychelles Legislature
Pricey mobiles for National Assembly
The National Assembly is going to spend SCR358 212 (roughly USD28 880) on procuring forty smartphones. This was revealed by the National Tender Board yesterday, when it released a lis...t of recently-awarded contracts. In this case, the lucrative deal was landed by a company called Satellite Electronics. It means that government will be paying just over SCR8 955, or USD722, per handset, pricing them in the high-end range of the market. While the advert does not reveal what kind of maintenance deal, if any, is included in the contract, the price per handset is substantially higher than what the current flagship mobiles from Samsung (the S5) or the Blackberry (the Q10) retail for.
Source: Today
The National Assembly is going to spend SCR358 212 (roughly USD28 880) on procuring forty smartphones. This was revealed by the National Tender Board yesterday, when it released a lis...t of recently-awarded contracts. In this case, the lucrative deal was landed by a company called Satellite Electronics. It means that government will be paying just over SCR8 955, or USD722, per handset, pricing them in the high-end range of the market. While the advert does not reveal what kind of maintenance deal, if any, is included in the contract, the price per handset is substantially higher than what the current flagship mobiles from Samsung (the S5) or the Blackberry (the Q10) retail for.
Source: Today
Director of Mauritius’ tourism academy found dead in Seychelles
The lifeless body of
guest of honour of the STA’s graduation ceremony discovered yesterday afternoon
off Anse Lislet near Port Glaud church.
The director of
Mauritius’ tourism academy, Harmon Chellen died in mysterious circumstances
yesterday afternoon. His body was discovered after he had walked out of a
police interview. The 52 year-old Mauritian national was residing at the
Constance Ephelia hotel and was supposed to leave Seychelles yesterday. The
police did not wish to divulge the identity of the man before his family had
been notified of the tragedy, but Constance Ephelia confirmed in a press
release last night that the body found was indeed Mr Chellen’s.
According to a press
release from the hotel, Mr Chellen left the establishment at 9.30 am in the
company of the police. Police spokesperson Jean Toussaint told TODAY that a
female worker at his hotel had accused Mr. Chellen of having sexually assaulted
her on Sunday night. The matter was reported to the police yesterday morning.
The police say that when they interrogated him, his attitude was
«uncooperative” and that he “walked out” on them, some time between 1.30pm and
2pm. Then, at around 2.50pm, the police received the report that a lifeless
body had been found in the sea near Port Glaud church. The police say they are
treating the case as a possible suicide but are waiting the postmortem for
confirmation.
Mr Chellen arrived in
Seychelles last Wednesday to attend the graduation ceremony of the Seychelles
Tourism Academy (STA) as its guest of honour. Poignantly, Minister Alain St
Ange who was very well acquainted with the late Mr Chellen, sent out a press
release yesterday before Mr Chellen’s body had been found to inform the press
of the warm words Harmon Chellen had had for him. “Mr Harmon Chellen showed
that the ties of friendship between Mauritius and Seychelles were solid and
based on nothing less than mutual respect. Mr Chellen, the Training Centre
Manager at the Mauritius Institute of Training and Development and the Ecole
Hotelière Sir Gaetan Duval, praised the accomplishments of the Seychelles and
congratulated the work undertaken by Minister Alain St.Ange, the island's Minister
responsible for Tourism and Culture”, the press release from the ministry of
Tourism read.
Mr Chellen
unwittingly made the last speech of his life at the Seychelles Tourism Academy
last Thursday during its graduation ceremony. Addressing the graduates, he
quoted Mark Twain and said: "Twenty years from now you will be more
disappointed by the things that you didn't do than by the ones you did do. So
throw off the bowlines. Sail away from the safe harbour. Catch the trade winds
in your sails. Explore. Dream. Discover."
In a press release
sent last night, Constance Ephelia said that the “wellbeing and privacy of its
guests and team members is at the heart of the resort’s concerns. The resort
would like to express their sincere condolences to the bereaved family. The
resort will offer counselling and support to all team members who are aggrieved
by this situation. An enquiry is under way and the resort cannot comment
further at this stage”.
Harmon Chellen leaves behind him a wife and two children.
Source: Today
Source: Today
Alleged Police Brutality in Seychelles
The police stopped
him, slapped him, detained him and kicked him, a man from Port Launay alleges.
He adds that the Commissioner of police has given him the assurance that his
allegations will be looked into but that he decided to speak out “so that
people know it could happen to them”.
“I am speaking out because the public must know that some
police officers still beat people up”. Douglas Marie, a resident of Port Launay
claims he was beaten up by the police late on Saturday night. He alleges that
he was detained overnight at the central police station and was later released
without being charged with any offence.
The twist in Mr
Marie’s story is the fact that he met with the Commissioner of Police, Ernest
Quatre, yesterday morning to complain about the treatment he claims he received
from some members of the force. “I was very glad that the Commissioner of
police saw me, listened to my story, and invited me to go and give a statement
to the police. He also asked me to have my glasses repaired and to bring the
receipt so I could be reimbursed since the police officers broke my glasses
when they slapped me”, he recounts.
But Douglas Marie
insists that the fact that the response of the police was overly positive on
Monday will not stop him from speaking out. “People need to know what is
happening”, he says, adding that he also went to the State House to complain of
his alleged ill-treatment.
Mr Marie says he was
initially stopped while he was driving in the Belvedere area. “There were about
20 police officers on the road and they stopped me. One of them used a torch to
blind me and I said he should not do that. He asked me to get out of the car
and I did and then I volunteered the information that I had had a beer but
insisted that I was driving responsibly. He then slapped me twice and broke my
glasses in the process”, Douglas Marie told this newspaper.
The man who is a cook
by trade avers that he was then taken to the police station in Mont Fleuri
where he gave a statement admitting to the fact that he had consumed alcohol.
“I then asked for permission to call someone to come and drive me home or
alternatively to get me a taxi to get home”, Mr Marie continues. But according
to him, the police then took him to the central police station where he was put
in a cell with seven other people.
“When I asked to call my lawyer, they came in and started
kicking me to the extent that the other detainees had to tell the officers to
stop”. Mr Marie further claims that he was transferred to another cell – and,
he continues, “there’s a camera there to prove what I say” - where he was
beaten further.
Douglas Marie affirms
that he was only allowed to leave the next morning. “I was in pain and asked a
police officer to help me up and he said it wasn’t his job. A Nepalese police
officer then decided to help me up and he put me in a jeep and dropped me
home”, Douglas Marie further says.
The Port Launay
inhabitant says he met up with Police Commissioner yesterday morning and was
pleasantly surprised by the courtesy that was extended to him and the
reassurance that they will look into the matter.
Police spokesperson
Marie-Neige Philoe confirmed to this newspaper that the Police Commissioner did
indeed receive Douglas Marie yesterday morning pertaining to his complaints but
adds that she could not confirm the Port Launay resident’s version of events as
the police enquiry has only just been opened.
“Next time the police stop me on the road, I will be scared
to stop”, Douglas Marie concluded.
Source:Today
Monday, August 18, 2014
Charitha case makes legal history in Seychelles
Two of the five men facing trial in the now famous Charitha drugs case were released on bail by the Court of Appeal on Thursday morning after Justice of Appeal Satyabhooshun Domah read out the majority judgment of the five-member panel.
Bitter-sweet emotions hung thick in the air as the men walked out of the court room into the arms of their families, all deeply conscious of the fact that not only had they just witnessed legal history, but also that the solidarity of the five co-accused after over 19 months of pre-trial detention could be put to its toughest test.
One of the two who were released was the owner of the fishing boat who has been charged with counts of aiding and abetting as well as conspiracy. He has been released on bail against a sum of SCR100,000 subject to several conditions. The second man, charged only with illegal possession of firearms, was released on a SCR 50,000 bail, also with conditions. The Court of Appeal regretted that he had already spent longer in detention than he would have had he been convicted of the offence and sentenced to the maximum sentence of 12 month’s imprisonment for the charge.
The other three men, all part of the fishing crew, face more serious charges of drugs smuggling. However, noting the long period of detention since their arrest on 7 December 2012, the Court of Appeal said they would be detained until the trial date which is set for the third week of September.
Justice Domah said nonetheless that they would be released if “the September trial fails to take off through no fault of their own”.
In its majority judgment, the Court of Appeal upheld the constitutional right to bail and said it would make sure this right was not taken away by recent amendments to the law. He noted that the application for bail made in the trial court and denied by the trial judge was “not an incident of a criminal trial” but “an independent action grounded in the Constitution” and therefore was open to appeal in the higher court.
Appeal Court Justice Anthony Fernando had written a long dissenting judgment in which he argued the appellate court could not hear this appeal because the appellants had not been “convicted” in the court below.
The Charitha case has been making jurisprudence since the vessel was seized and its crew arrested in what was hailed as one of the National Drugs Enforcement Agency’s (NDEA) biggest hauls in early December 2012. The vessel at the time was travelling just off Providence Island on its way back to Mahé from neighbouring Madagascar.
The NDEA described the bust then as “a step in its strategy of targeting the major players in the drug business known locally as ‘Gro Pwason’ (Big Fish).”
The seven-man crew, including the skipper, was taken into custody upon arrival in Port Victoria and first appeared in court on 11 December 2012. Charged with illegal fishing, possession of firearms and drugs smuggling and several other charges, the seven men have been detained since. They were subsequently joined by the owner of the fishing vessel who was not in the country at the time. Charges have since been dropped against the skipper.
Source: Today
Friday, August 15, 2014
Seychelles Government abandons family
What is wrong with our society? What are we coming to? This
poor three year old boy is sleeping on the beach at Anse Aux Pins every night
together with his 15 year old brother and parents. Their house burnt to the
ground last month and they have nowhere to live – they have lost everything in
the house fire. Our government is doing nothing to help this family. How heart
breaking it is to think that this three year boy is sleeping out there, in the
cold and windy nights on a beach. Don’t we have a heart or compassion for our
fellow citizens anymore? I accompanied his mother at the DA’s office in Anse
Aux Pins today to plead for help, but without success. The DA claims that she
has already spoken to the PS at MLUH and she has to wait for an available place
to house this suffering family. This is totally unacceptable and this family
must be given a place to live immediately. Does our president who claims that
he has a heart for every Seychellois knows that a three year old (en pti
trezor) accompanied by his family are living in such conditions in this very
country? Does Mr. Meggy Sodie Marie knows that this is happening in his
constituency? If yes what they they doing to help this family? I am looking
forward to see this situation resolved As Soon As Possible… I have concrete
information that there are houses available at Perseverance ready to be
allocated. They are in need and they should be looked after. If they are not, I
will (as Usual) give this heart-breaking story wider publicity to show
everybody how our government treat children in Seychelles. I would be very
grateful if everybody reading this could like this post to support my plea for
the government to help this family in need.
Bel Ombre hotel Seychelles project; owned by son of Sheikh Khalifa
The project may well
be bringing USD 40 million as FDI in the country but residents of Bel Ombre did
not hide their misgivings about the construction of a 100 plus bedroom hotel
during a public meeting held on Saturday. The promoter is the son of the ruler
of the United Arab Emirates, Sheikh Bin Khalifa and it is believed that the
management contract will go to either hotelier Fairmont or Swiss Hotels. But
residents say they fear the public consultation was just a front and that
regardless of their feelings, the project will go ahead.
Those residents of
Bel Ombre district, who took the time to participate in a public consultation
about a proposed hotel project in their community, were mostly of the opinion
that such a project is not the best for the area. Turnkey Solutions –a local
consultancy firm is representing the promoters of the project- the SBK Group.
The SBK Group is the holding company of HH Dr. Sheikh Sultan Bin Khalifa Bin
Zayed al Nayan, son of the ruler of the United Arab Emirates, Sheikh Bin
Khalifa Bin Zayed al Nayan.
Turnkey Solutions
Director Wilson Nancy and the Chief Executive Officer (CEO) of the Seychelles
Investment Bureau (SIB) Rupert Simeon presented the project proposal to the
residents.
• A sizeable foreign investment project
The proposed project
constitutes a foreign direct investment of around 40 million US Dollars and
although the presenters did not divulge this information to the meeting, Mr
Nancy did volunteer the information to this newspaper. He also said that should
everything work out, the hotel should be completed by late 2015/early 2016.
This gives a time frame of around 18 months for all consultations, submissions
to local authorities and construction. As the project is proposing the
construction of a hotel of between 90 to 120 rooms, the tight time frame led
the members of the public present at the meeting to opine that no matter what
they do say, this project has already been given the go ahead. A comment which
both Mr Nancy and Mr Simeon hastened to reassure the meeting, was not true.
The proposed project
is to be constructed in the area near the La Briz Silhouette office and jetty
and although the area does not appear to be big enough for construction of this
magnitude, the plan incorporates land reclamation. The concern which repeatedly
came up was that should the proposed hotel fail to attract enough clients to
maintain a high occupancy rate, this will bring the managers to bring down
their prices and thus become competitors to the small guest houses and small
hotel operators in the area.
“What guarantee do we have that this will not lead to a
situation to Port Glaud where supposedly five star establishments are offering
rooms for as low as 200 euros a night, which is what we small establishments
charge and will therefore compete directly with us?” one guest house operator
asked.
Mr Nancy said that
the hotel will be run by one of two well-known international hotel groups
either- Fairmont or Swiss Hotels Group - and they represent two established
brands. He said that this branding in itself would ensure that the hotel will
not be competing with the small establishments. SIB’s Rupert Simeon concurred
with Mr Nancy and pointed out that groups like Fairmont and Swiss Hotels are
run by a head office which regulates their pricing across the board and it is
unlikely that it will bring down its price for one branch only. Mr Nancy also
stated that the promoters have guaranteed that they will not be competing with
the small establishments.
“They will not need to do so, because they are funding this
project through equity financing and not via a loan, therefore there is less
pressure on them. Even if their occupancy rates drops at times they will be
able to manage, so they won’t need to bring down their prices.”
The Member of the National Assembly (MNA) for Bel Ombre,
Gaelen Bresson was also present at the meeting and he raised numerous points.
The MNA pointed out that the current practice as far as foreign investment in
tourism is concerned is that promoters promise much to the communities at the
beginning, but later do not honour their pledges. He said this is especially true
with regards to the employment of locals in the hotels.
“What we see is that when they start, they stick with the
40% expatriate workforce, then they go on to ask for 50% which later becomes
60% and even 70%. What guarantee do we have that this new establishment will
employ Seychellois?” he asked.
In reply, Mr Nancy
again claimed that SBK Group has given him the assurance that the managing firm
will be employing youths from the tourism academy and other Seychellois, except
in very senior management positions where there is no local expertise. In his
presentation, Mr Nancy had announced what he termed certain benefits which the
district would derive from the project, but the MNA said these were not clear
and elaborated that the big establishments in the area were not currently even
putting their Corporate Social Responsibility (CSR) tax money into Bel-Ombre
projects.
Well-known local
tourism operator Mr Stravens questioned the practicability of giving the
go-ahead to such a big project for the district and said that instead these
rooms capacity could have been spread out among smaller establishments, which
would have involved local investment and direct benefit to the Seychellois.
“Today we have about 5000 room capacity in the country and
the occupancy rate is slightly under 50%. The question here is do we need more
hotels or do we need to find ways to fill up those which we already have? » he
asked.
Mr Stravens also
pointed out that somewhat lax follow up on the hotels honouring their
commitments was allowing them to adopt practices which put them in direct
competition with the small guesthouses.
“When they submit their project and it is agreed this is
done on the basis of a project memorandum, which states how much they will be
charging and it is on this amount which they are taxed. Therefore if they say
they will be charging 800 euros per night, the Revenue Commission should charge
them 15% of that and not enter into fluctuating prices when they say they are
not doing so well etcetera. This will compel them to keep their prices and not
implement drastic cuts which make them compete unfairly with the smaller
establishments.”
• Development of available utilities
Other concerns
regarded the impact of yet another big hotel on the district’s fragile
ecosystem and on the public utilities available in Bel Ombre.
“We already have problems with water supply. This will bring
additional pressure to bear on water supply, because if it is a four star
hotel, they will not be giving their clients desalinated water to drink. What
guarantee do we have that they will be capturing other water sources in Bel
Ombre and not taking even more from the community is getting through the national
system?” one lady asked.
Mr Nancy explained
that part of the project is to look at the costs involved in finding
alternatives to improve the availability of water supply in the district for
the good of both the hotel and the community as a whole.
“We do not want to become an additional burden on the PUC
supply. Together with PUC and following their guidance we are looking at other
water sources available in Bel Ombre, for example the one at Mare-Aux Cochons
and see how we can capture that for our use and for the community.”
Mr Nancy also addressed concerns about electricity provision
as the district is already experiencing fluctuations in power supply and said
that the promoters are engaging PUC to see how to resolve this.
“PUC has told us that there is a need to bring the Beau
Vallon station up to 33000 volts so that it can supply both Beau Vallon and
Bel-Ombre fulltime without interruptions and we are working with them to see
how we can do this.”
He equally told the meeting that the promoters will invest
in extending the reach of the north Mahé sewerage system up to La Scala hotel
and when asked by the meeting, he agreed to put before them the possibility of
taking it even further up to Danzilles.
With regards to the
aesthetics of the project, the meeting was of the opinion that the design is
ungainly and does not blend well with the environment. They also commented that
four-star clientele goes in more for chalets and bungalow type resorts instead
of the big blocks building being proposed. Mr Nancy said that nothing has been
finalized as yet and that all these aspects will be taken into consideration.
“Local knowhow and expertise will be consulted all the way,
especially when we go about the reclamation as the fishers here know the water
best. Nothing is a fait accompli as yet and we will definitely incorporate your
concerns before we present our final submission to government”, he said.
• Look at the bigger picture, says SIB CEO
The head of
Seychelles Investment Bureau told the meeting that with such foreign direct
investment projects the government is looking beyond the immediate future to 15
to 20 years on.
“We have to look at the bigger picture here. We aim to
eventually bring about 500,000 visitors here each year and we need the capacity
for this to fill up the planes. We rely a lot upon taxes to develop our
infrastructure and we need these projects which bring such developments. If we
don’t increase tax avenues, we will regress!” he stressed.
Mr Simeon added that
Seychelles is also looking beyond sun, sea and sand tourism and as the country
is aiming to become a business platform for Africa, it is aiming to attract
commercial tourism to increase the volume of visitor arrivals and make it
viable for airlines to fly here.
The meeting was also
given the assurance that in the first lieu the hotel would buy fish and
vegetables form the district, thus providing an important market outlet for the
local produce. Mr Nancy replied to a concern put forward by Planning Authority
CEO Gerard Hoareau that the construction phase will also not impact on local
housing situations. A local contractor who wins the tender will implement the
project and as the hotel will also be employing Seychellois there will not be a
staff housing issue, he said.
Asked if all these
guarantees have been formalized, Mr Nancy assured TODAY that while this is not
yet the case, the promoters are not against giving written guarantees. He also
promised that after the project has been approved the promoters will meet with
Bel Ombre residents in another meeting.
“They are very familiar with the district. They already
interact with the community here whenever they come on holiday, so they have no
problem with meeting the residents. Also to include those people who have not
attended today’s meeting, we will carry out a door to door exercise to get
their opinion as well. We will work with NGOs present in Bel-Ombre to do
this,”Mr Nancy concluded.
The participants at
the meeting included mostly residents involved in tourism activities but there
were also representatives of the ministry of Land Use and Habitat.
Source: Today
Friday, August 8, 2014
Viral Dhanjee files case against Seychelles before United Nations
The first ever case against Seychelles before the Human
Rights Committee of the United Nations(UNHRC) was officially registered on May
28th 2014.
Viral Dhanjee, a militant citizen who was refused the right
to take part in the 2011 Presidential elections, has taken the matter before
the UNHRC under the Optional Protocol to the International Covenant on Civil
and Political Rights of which Seychelles is a party. Mr Dhanjee has argued that
the fact that he was prevented from taking part in the 2011 Presidential
elections was a violation of his civil and political rights as affirmed by the
covenant.
April 27th 2011 was declared Nomination Day for
the last Presidential elections and Viral Dhanjee registered as an independent
Presidential candidate. To do so, he needed to submit various documents
including his nomination form with an attached list of supporters. The law requires
that a prospective candidate submits a list of 500 supporters. When he
registered at 12.55 pm on April 27, he was given a receipt by the Chief Electoral
Officer that stated the following:” I acknowledge receipt of the following
documents in respect of your nomination as a candidate for the May 2011 Presidential
elections.
Source: Today
Who are the real owners of Bel Ombre hotel?
The secrecy behind the new hotel currently being built
between Fisherman`s Cove and Berjaya Beau Vallon bay is exceptional. Site
workers have confirmed the name of the hotel to be that of Belombre Hotel
although the company that is leasing plots V576, V577 and V10115 is a company
called Belombre Hotels Development Limited. The 3 plots total up to
approximately 72,000 square meters of prime land in the country. The company
signed a 99 year lease with the government on the 8th of April 2004
and was represented by Noelin Didon. As well as the upfront fee, the annual
rent to be paid is just a solitary 1 rupee per year; very good business for the
company and extremely generous by the government. Public records show that
Belombre Hotel Devopment Limited is owned by a company in the British Virgin
Island (BVI) named Hotel Properties Ltd. BVI registers
companies which do not have to disclose, on public record, their beneficial
owners.
It is also evident that Fisherman`s Cove Hotels Limited is
owned by a Seychelles company to the name of Hotel Properties Limited; who in
turn are owned by same Hotel Properties Limited in the BVI. In its published
account dated 31st December 2004, Meridien (Seychelles) Limited a Seychelles registered company owned by the
international hotel management company disclosed that it was renting the
Fisherman's Cove from Fisherman's Cove Hotel Limited for the annual sum of US$
2,262,000, under a 20 year non-cancellable lease; which means that the lucky
owners of Hotel Properties Limited in the BVI that also owns Belombre Hotel
Development Limited will earn a total of US$ 60,210,000 over twenty years. Not
at all a laughable sum. On top of that and according to the accounts of
Fisherman’s Cove Hotel Limited it has been granted exemption from payment of
Business Tax by the Ministry of Finance for a period of 20 years under the
Investment Promotion Act. The Minister of Finance at the time was the current
President James Michel.
The lucky and well hidden owners of Hotel Properties Limited
in the BVI are getting extremely rich at the expense of the Seychellois people.
The people of Seychelles must demand accountability from its Government on such
atrocious deals. It must be recalled that former President Albert Rene
published a document called “SPPF Policy Statement Onward to Socialism”. In it
he claimed that “In accordance with the overriding aims of Seychelles People's
Progressive Front, the tourist industry must result in economic benefits to all
and not simply to those who have sought to capitalise on the natural beauty of
the country”.
By A.Pierre
The embarrassment that is James Michel; a hypocrite of the highest order
In his speech at the unveiling of the new liberty monument
which is suppose to forcefully unite all of us, James Michel stated that “Seychelles
is a land of freedom! “; is the President taking all of us for fools or has he
conveniently forgotten about the freedom
suppressing Public Order Act which he last year signed into law. As well as
many other things the law provides that it is now an offence for one person to
show his objection publicly to anything, meaning any demonstration, march or
procession by one or more persons is illegal; that is not the land of the
freedom Mr President. Ignoring and hiding the electoral reform proposals away
in the clear view of everyone including international observers therefore
putting a permanent halt to any chance of a free and fair elections in the near
future; is not the land of freedom Mr President. Giving new powers to a police officer, NDEA officer, custom
officer or immigration officer to enter private premises without a warrant to
arrest, search and confiscate materials which is not in line with the Charter
of Fundamental Rights; is not the land of Freedom Mr President!
He then went on to state that “"It represents those who
dedicated their lives to freedom, those who fell for freedom" This clearly
does not include the James Michel as he was part of that small armed gang that
destroyed freedom and disunited this
nation on the darkest day in the nation’s history. Seychelles had gained its independence in
unity and harmony on the 29th of June 1976; which was 9 months later destroyed
by this small armed gang leading to a one party state for the following 16
years. Former Presidents Mancham and Rene had seemingly put political
differences aside by joining forces in a coalition government; even holding
hands on those first minutes of Independence. One was President and the other
Prime Minister and both declared “we are now free”; seemingly working together
for the betterment and progress of the nation.
A simple question; which group of people and political party destroyed freedom and
disunited this beautiful small Island Nation?
By A.Pierre
Parti Lepep of Seychelles; the bully
Parti Lepep, especially under James Michel, is known for its
habitual and repeated use of force, threat and coercion to abuse, intimidate
and aggressively impose domination over the people Parti Lepep, the bully of
Seychelles; in short, it is a big bully. Parti Lepep and James Michel continue to
display a high level of disrespect for the people of Seychelles. Their actions
and words are miles apart.
During the celebration of their Golden Jubilee, the party
inaugurated a monument to commemorate their fifty years of existence; something
very normal. The Golden Jubilee Monument however, has been constructed at the
entrance of the ICCS (International Conference Center of Seychelles). This is most
unethical and unacceptable. It is arrogance. Furthermore, the monument has been
located on state land. This in itself is atrocious.
Maison Du Peuple, the
ill acquired headquarters of Parti Lepep is situated on Parcel V 8013 while the
ICCS on Parcel V7226. The Golden Jubilee Monument has been constructed entirely
on Parcel V 7226 belonging to the state.
Why has Parti Lepep decided to build their party monument on
state land when they have enough space on the premises of their headquarter building
to do so? James Michel has the knack of using state resources as though it
belongs to him. Seychelles is not the backyard of either Parti Lepep or Michel;
their arrogance knows no boundaries. There may never have been any planning
permission for the construction of the monument; they may have not even bothered
to check whether the land belongs to them. The repulsive attitude that
Seychelles belongs to Parti Lepep has caused too much pain to the Seychellois.
It has to stop now.
Their arrogance is not limited to the Golden Jubilee
Monument. At Roche Caiman housing estate, one house has been reserved for use
by Parti Lepep when many Seychellois families are in need of lodging. The Jj
Spirit Foundation, Parti Lepep youth movement, has offices in most districts;
at Perseverance a house has been allotted to them and space made available for
them at district administration offices. Jj Spirit has special privileges as
the NGO (Non-Governmental Organisation) it claims to be. A lot of NGOs has been
struggling for years to be allotted land from the state to conduct their
activities but without success. James Michel as patron and his Secretary General
as Chairperson of the Jj Spirit Foundation continue to allocate state
facilities and resources to the Foundation as though it is theirs. This is most
uncivilized.
In his speech on the occasion of National Day this year, James
Michel echoed one simple sentence. “This government respects and practices the
rule of law”, he said. If Michel as President of Parti Lepep does not respect
the rule of law, how can he do so as head of government?
The Golden Jubilee Monument will serve as a reminder to all
Seychellois of how urgent is the need to rid this country of Michel’s
leadership.
Source: Seyweekly.com
Portrait of a Struggle; Setting the record Straight in Seychelles
At the launch of Albert Rene`s book and first biography
entitled “The father of modern Seychelles” by James Michel, he claims his party
brought justice, freedom, fraternity and equality to Seychelles. This is the first
full length biography analysing Rene’s early years, and his struggle against colonialism;
ironically the book was written by an individual that can be considered as
descending from the British Empire, Dr. Kevin Shillington.
It was SPUP under the control of Albert Rene that introduced
violence in Seychelles as a political tool. No other party has used violence as
a tool. People must not forget how they terrorised the Seychelles in the late
1960s and early 1970s with bombs exploding all over the place.
SPUP campaigned for Independence using the principles of “
Sesel Pou Seselwa”. However this could not win them a General election; in fact
they lost three in a row with the 1974 General Elections being the last. They
then decided to alter the game and cheat simply because they had no patience in
attempting to win an election; greed and yearning for power was gnawing at
them.
Seychelles Democratic Party wins 1970 general election and won 10 of the 15 seats for the Legislative Assembly. |
After the coup of 1977, Rene betrayed the principle of
“Sesel Pou Seselwa”. He acquired businesses and properties of Seychellois. He
even jailed some without trial. The allegations of torture and even murder will
persist until the end of time. The lucky 10,000 or more were exiled to foreign
lands. Most definitely not the act of a would be icon and certainly not an act
of freedom and justice as they claim. The attempted distortion of the truth and
history could be considered a crime in itself.
Albert Rene declared himself President and installed a
one-party state communist government and ruled by fear and force. Is this the
act of bringing freedom and justice to a nation? If not as surely must be the
case, what were the real reasons for the lust for power?
After
approximately 15 years of a failed socialist rule the regime was forced by no
choice of their own due to the collapse of the Soviet block to usher in a
multiple party system. James Michel claims in his book that it was their choice
as Seychelles was entering the road of progress; a lie of true narcissistic
nature.
The
same government remains in power to this day and the claims that they brought
freedom, justice, fraternity and equality to this nation is an exempliary
example of Orwellian doublespeak; the deliberate distorting and reversing of
the meaning of words. This is not the true nature of a real founding fathers.
The founding fathers were the first settlers on this shore and true founding
fathers do no distort history and the truth in their favour; only narcissts do
that.
The
blind must be educated and not fooled by the claims of the sitting President as
the current freedom denying Public order act is very fresh in ones memory.
Freedom is defined as the absence of necessity, coercion, or constraint in choice
or action. That type of real freedom James Michel was afforded before
Independence; the denial of the right to assembly by the Public Order act is
not freedom Mr President. Your government has failed its people and distorting
history and the truth will not hide that fact.
By A.Pierre
JAMES MICHEL’S ACRES; PRESIDENT OF THE SEYCHELLES THE OPPORTUNIST
The President of the Republic, James Alix Michel, is the proud
owner of approximately twenty thousand square meters of prime land at Sans Souci,
Mahe. This is nothing extraordinary except that the land was bought from government.
In 2001, Minister Joel Morgan, then Principal Secretary of
the Ministry of Land Use and Habitat, transferred to James Michel three plots of
land at Sans Souci namely parcels V10426, V10427 and V10248; all totalling in
excess of nineteen thousand square meters. Michel paid SR 561,000 for the
plots; not at all an expensive transaction.
While the normal man is allowed to buy only one plot
averaging four hundred square meters from government, Michel has the special
privilege of buying forty times what the normal man can buy; he receives twenty
times the normal man’s salary anyway.
It has become a
routine; Presidents buy as much land as they wish from the state. The former
President bought his acres at Anse Polite amid a lot of controversy. This
practice is most unethical and cannot be condoned.
Over the nearly four decades the regime has been in power,
all it has done is to enrich themselves at the expense of the taxpayer. They have
failed to even consider constructing an official residence for the President of
the Republic like in all civilized democratic societies. Instead, they have
acquired land from the state and built their mansions from state funds
including refurbishment and maintenance. Once they vacate the highest office,
everything becomes their personal belongings; this is atrocious and a highly
corruptive practice.
Moreover, the use of the defence forces to offer close
security to the head of state has been inappropriately used. The former
President created an army unit specifically to take care of his personal
security; it is still in existence. James Michel, on his part, moved
considerable forces to serve as his personal security detachment. Under the
guise of combating piracy, the elite commando unit ‘Tazar’ came into being and
a new barrack was set up in the hills of L’Exile. How long can the people of
Seychelles pay for the extravaganza of a few irresponsible leaders?
It is about time the President behaves in a more responsible
manner and puts in place the proper infrastructures needed to support the institutions
of state; the President’s private office being the first. Parti Lepep has the
misconstrued notion that they will lead Seychelles for the next fifty years. If
each President buys large portions of land from the state and build their
mansions, it will not be long before they bankrupt the country with elite
commando units littering the landscape. This attitude must come to end without
further delay.