Suspects in alleged bomb case remain in custody |15 July 2021
Two men suspected of planning to explode the petrol service station in the district of Grand Anse Mahe on the eve of Independence Day, have been once again remanded in custody until August 11, 2021 when they will reappear before the courts.
Chief Justice Rony Govinden made the ruling yesterday morning at the Supreme Court, at the request of state prosecutor Hemanth Kumar.
The two men are suspected in the commission of the following offences:
- possession of explosive contrary to Section 84 (1) of the Penal Code;
- possession of explosive with intent to endanger life or cause serious injury to property contrary to Section 16 (b) of the Explosive Act;
- making explosive contrary to Section 17 of the Explosive Act;
- conspiracy to commit the offence of Terrorism Section 17 (1) of the Prevention of Terrorism Act (2004) and
- participation in the commission of the offence of Terrorism contrary to Section 20 (b) & (c) of the Prevention of Terrorism Act (2004).
State prosecutor Kumar had initially demanded that the suspects be held for 30 days under the Prevention of Terrorism Act 2004, due to the complexity of the case as more time is required for further investigation and to analyse the seized substances. He added that based on the testimonies given by the two suspects, there are reasons to believe that other suspects are involved and the remand time will also allow for them to interview other witnesses and call on foreign forensic and explosive experts from overseas, precisely from the United States of America.
Mr Kumar said the offence committed by the two suspects is serious and if they are released, they could temper with evidence as well as contact and mingle with other suspects known to them, which could jeopardise the ongoing investigation. He stated that the way the two suspects planned to bomb the petrol station, situated in a residential area, shows that they show no regards to human lives.
Both lawyer Joel Camille, representing suspect number 1, and lawyer France Bonté, representing suspect number 2, objected to the remand application. They said it lacks substantial grounds for requesting further remand based on the fact that their clients have already been cautioned and have assisted with the investigation, among others. They said their clients should be released as they have not been charged while the court can set out conditions in relation to them being released.
Mr Camille said the application lacks the reason as to why the State has to be given the order to restrain the right of liberty of his client (suspect number 1), written in article (7) in the Seychelles Constitution. He added that the affidavit shows no evidence that his client if released will temper with evidence. He further added that the only evidence from the affidavit shows that he has given his cooperation, given a statement under caution and has provided information to the State to help in the investigation, among others. He said the court has mechanisms to ensure that his client obeys the bail conditions.
For his part, Mr Bonté said the evidence against his client (suspect number 2) is very minimal as he was caught not in the vicinity of the petrol station but rather further up near a shop at La Misère on his way towards Victoria and not in the direction of Grand Anse Mahe. He added that the State prosecutor cannot allege from the bar that his client had planned to put fire or bomb the petrol station as he (prosecutor) has no witnesses to give strong evidence for the court to take him seriously. He stated that his client should be released as the court can organise conditions to which his client can abide to.
Judge Govinden said due to the complexity of the case, it is evident that more time is needed for investigation as other suspects are involved. He noted that it is also evident that if the suspects are released, they will be in contact with other suspects and will further interfere with the evidence that will affect the ongoing investigation. He upheld the application and remanded the two suspects who will reappear in court on August 11, 2021.
From the affidavit, the two men aged 44 years old (suspect number 1) and 50 years old (suspect number 2) were apprehended on Monday June 28, 2021 at 17:00 by the police in possession of explosive materials. The operation to catch them followed credible information received at the criminal investigation department (CID) headquarters at Bois De Rose that a group of individuals had conspired and planned to explode several locations on Mahe.
The matter was taken seriously and urgent police assistance was sought to react on the matter as it also involved lives that could be in danger. Consequently, the sensitive information was relayed to the commissioner of police and a special task force involving military and police officers was set up and deployed at different locations around Mahe on observation and patrol.
It was at 22:45 that a detective police sergeant of the financial crime investigation unit (FCIU) reported through a phone call that a white Hyundai H1 vehicle had been intercepted at La Misère. The white Hyundai H1 was being driven by suspect number 2 of Glacis and seated in the front passenger seat was suspect number 1 of Maldives. Searches were conducted in the white Hyundai H1 and on the two suspects. In their presence, a green cotton bag with written roses, was found and inside were four bottles ‒ two big Coca Cola bottles containing light yellowish liquid, a small Coca Cola bottle containing white powder and a black bottle Caltex Havoline 250ml wrapped in clear cello tape. Through intelligence, the contents from the bottles were indicated as explosive substances.
The White Hyundai H1 vehicle, one black Nokia mobile phone and one gold Alcatel mobile phone were also seized and brought to the CID headquarters. Similarly, the green cotton bag written red roses containing two big Coca Cola bottles containing light yellowish liquid, a small Coca Cola bottle containing white powder and a black bottle Caltex Havoline 250ml containing a clear liquid wrapped in clear cello tape and the White Hyundai H1 were photographed by the scientific support and criminal record bureau (SS & CRB) officers and kept as exhibits at the CID headquarters.
Patrick Joubert