Drugs related offences |30 January 2018

 Two Iranian sailors get life imprisonment

Emam Bakhsh Tarani and Hattam Mothashimina, two Iranian sailors, were sentenced to life imprisonment by the Supreme Court on Friday, January 26.

The accused were implicated in the transportation and importation of a quantity of 97,795.1 grammes of heroin and 784.6 grammes of opium onboard the Payam Al Mansur, an Iranian fishing vessel.

The vessel was apprehended in Seychelles waters in April 2016 by the former National Drugs Enforcement Agency (NDEA) and is still considered as one of the largest drug bust in the country.

While the nine other Iranian sailors on Payam Al Mansur were acquitted and repatriated to their home country, Emam Bakhsh Tarani -- the captain of the vessel -- and Hattam Mothashiminia -- son of the owner of the vessel -- remained on remand at the Montagne Posée prison until their sentencing on Friday.

Both convicts have been found guilty on four counts under the Misuse of Drugs Act: importation of a quantity of 97,795.1 grammes (heroin content 65,211.4 grammes) of a class A drug heroin, trafficking in a quantity of 97,795.1 grammes (heroin content 65, 211.4 grammes) of a class A drug heroin, importation of a controlled drug namely 784.6 grammes of opium, a class A drug and trafficking in a controlled drug namely 784.6 grammes of opium, a class A drug.

For the first two offences the convicts received sentencing of life imprisonment and twenty years for the third and fourth offences - all four counts are expected to run concurrently.

The judgment was delivered by Judge Mohan Burhan, who used the case of R V Jean François Adrienne & Anr CO to establish precedence and help guide his verdict.

He stated that in that previous case the Supreme Court sentenced both convicts to life imprisonment for the trafficking in a quantity of 47,435 grammes of cannabis which is a class B drug, a sentence which was unanimously upheld by the Court of Appeal.

Henceforth, Judge Burhan felt justified in administering similar sentences to the Iranian convicts given the large quantity of class A drugs seized that superseded the quantity in the R v Jean François Adrienne & Anr CO case.

Before the judgment was delivered, the counsel for the accused, Clifford Andre, made a plea to the Court for both of his clients stating that they cooperated fully with the authorities and had no family or friends in Seychelles but rather families in Iran who depended heavily on them.

Mr Andre further stated that the consignment onboard Payam Al Mansur was not destined for the Seychelles but for Tanzania.

“I am disappointed about the verdict due to the fact that the evidence provided did not prove beyond reasonable doubt that the vessel was actually in our jurisdiction so we will be taking this case to the Court of Appeal,” Mr Andre stated post-sentencing.

On the other side David Esparon, the Principal State Counsel  for the Republic, said that he is satisfied with the sentencing stating that he agrees with Judge Burhan’s decision to not overlook the indicators showing that the drug were meant for commercial use and could have been detrimental to the society - either in Seychelles or Tanzania.

“The defense did not provide evidence that the vessel was not coming to Seychelles hence their statement that it was heading to Tanzania is unfounded. Moreover the Court has an obligation to the international community to ensure that these class A drugs does not reach the shores of any country and affect that society,” Mr Esparon said during a press interview.

The two Iranian convicts may be repatriated to their country to serve part of their sentences depending on if an agreement between Seychelles and Iran is made.