Man convicted of manslaughter


01-June-2012

In his judgement, Mr Gaswaga said Mr Simeon lived in England with some of his children but had come back to the Seychelles to visit his late mother’s home and celebrate his 64th birthday at the discotheque.

“The party started in the evening of September 4, 2009 and ended abruptly in the early hours of September 5, due to a fight that broke out. This commotion led to the music being stopped and the lights switched on as the people scattered in all directions, struggling to exit the fully packed room,” said Mr Gaswaga.

“Bottles were being thrown and smashed in the room and all sorts of noises were being made.
“When the fighting finally ended and peace and order were restored, it came to light that one man was lying on the floor of the discotheque. It was Jemmy Simeon, whose body was motionless.

Mr Gaswaga said how witnesses said the convict challenged anyone to fight him and pulled Mr Simeon’s leg causing him to fall from the stage “headfirst” and followed him down and stood over the deceased “punching him with both fists”.

He read that “two other young men joined him and the three continued to hit the deceased as he lay motionless facing upwards”.

A witness said “the assault on the deceased was particularly being occasioned by the accused”.
The court had heard that the deceased was taken to Victoria hospital by ambulance where he received treatment and was released to go home.

“Family members took him home to rest since they were to travel back to England the next day. His daughter Jennifer Simeon had called her father three times as they drove home but he never responded at all. In cross examination she stated that the doctors had assured her that her father would be able to travel back to England but only needed some sleep at that time.

“At about 11.00am Jennifer Simeon called her father but he never responded. His situation had worsened. An ambulance was called in and the patient rushed from his home at Le Niole to the Intensive Care Unit of the Victoria hospital from where he was pronounced dead at 3.50 pm.

Judge Gaswaga said Mr Knowles pleaded not guilty to the offence and called 11 witnesses to testify in support of his case and “the prosecution adduced evidence of 14 witnesses in a bid to discharge the burden placed on its shoulders to prove the case beyond reasonable doubt”.

The prosecution was led by David Esparon while Joel Camille defended the accused.

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