Follow us on:

Facebook Twitter LinkedIn YouTube

Archive - Archive 2004 - July 2013

Contempt conviction upheld in Regar ‘right to print’ case-Fine reduced to R5,000 |21 May 2005

The ruling was a 2-1 majority decision, however, as Justice of Appeal Jacques Hodoul – the first Seychellois ever appointed to the appeals court – delivered a rare dissenting judgment.

The original conviction, which was handed down by Chief Justice Vivekanand Alleear last December, carried with it a R40,000 fine against Mr Mancienne. The fine was levied after Regar, disobeying a court order issued by Justice Bernadin Renaud, published a joint letter from three Supreme Court judges addressed to the chief justice in October last year.

Court of Appeal President Michael Ramodibedi and Justice Steven Bwana concurred with the chief justice on the conviction, saying that “orders of the Supreme Court stand until they are set aside by this court, whether they are right or wrong.”

But the ruling also held that Chief Justice Alleear “misdirected himself by imposing an excessive sentence which was not even supported by any reasons and therefore might be perceived as being arbitrary.”

Justice Hodoul’s judgment, which does not have any impact on the majority decision of the Court of Appeal to dismiss the appeal, held that the principle that court orders should be followed whether right or wrong was “erroneous,” and may go against the Constitution.

Justice Ramodibedi said “although we obviously respect (Justice Hodoul)’s independence of mind, we stress that Seychelles can ill-afford court orders being defied with impunity simply because they are perceived to be wrong. People aggrieved by court orders must utilize the appeal system.”

 

» Back to Archive