FECAS - ECSVS Forum

Seychelles judiciary gets access to Lexis Library

03-November-2014


Legal professionals can now access the Lexis Library, one of the largest online legal research databases in the world.

This has been possible after the United Nations Office on Drugs and Crime (UNODC) donated subscription to the database to the judiciary.

It was during a short ceremony at the Palais de Justice on Wednesday afternoon that acting Chief Justice Durai Karunakaran launched the service.

This was in the presence of the principal secretary for Foreign Affairs Maurice Loustau-Lalanne, UNODC’s senior country officer here Shanaka Jayasekara , representatives from Eucap Nestor, among other legal professionals.

The launch was followed by a training session for key personnel who will be using the Lexis Library.

Donovan Byrne, a consultant from Lexis Nexis Group -- the corporation which provides computer-assisted legal research as well as training in software use to access the library -- is conducting the training.

Speaking before the launch Mr Jayasekara said Seychelles’ crucial role in the fight against piracy and prosecuting pirates has been remarkable and the UNODC is happy to continue to support the Seychelles judiciary in this endeavour by upgrading its facilities.

It is to be noted that subscription to the Lexis Library is only a component of UNODC’s help to the judiciary and it is the results of discussions last year and a request made by the then Chief Justice Frederick Egonda Ntende for access to such a service.

In remarks before launching the service, Justice Karunakaran said “modernising our justice delivery system is part of our continued commitment to the people of Seychelles”.

“Our world is changing by new technological innovations every second of every day. We will continue our efforts to exploit more and more innovative technological solutions as they emerge such as the Lexis to improve our professionalism, quality and timely delivery of judgments in courts,” added Justice Karunakaran.

He noted that the service is an invaluable addition to the existing resources of the Seychelles judiciary.

“The Lexis Library is the most sophisticated all-inclusive online legal reference database which will provide us with direct access to a wealth of legal information from many countries around the world. From our desks at the Palais de Justice at the touch of a finger, one can enter the legal world and browse cases, legislations, and professional legal commentaries on any of the legal subjects,” Justice Karunakaran pointed out.

http://www.nation.sc/article.html?id=243517

Jury system under the microscope: Should we abolish jury trials?

02-April-2015
The Seychelles Judiciary has inherited the jury system as part of our colonial tradition, and so the practice of a person accused of murder tried by a nine-member jury representing his/her peers has existed here since the existence of the law itself.

The practice finds its origins as far back as the 8th century BC in Ancient Greece, where the great philosopher Socrates was in 399 BC convicted by a 50-member jury for “denying the gods and corrupting the young through his teachings” and subsequently sentenced to death by poisoning.

The system later travelled through Europe. In England for example, it was enshrined in the ‘Magna Carta’ approved by King John on June 15, 1215. In a country which has to date remained without a constitution, the Magna Carta (Latin for ‘the Great Charter’) and also called ‘Magna Carta Libertatum’ or ‘the Great Charter of the Liberties’, is considered as the Supreme Legislation. Among other rights, it promised right and access to justice.

The political myth of the Magna Carta and its protection of personal liberties persisted well into the 19th century. It influenced the formation of the American Constitution in 1789, which became the supreme law of the land in the new Republic of the United States. Even today, the Magna Carta still forms an important symbol of liberty, often cited by politicians and campaigners, and is held in great respect by the British and American legal communities. Lord Denning has described it as "the greatest constitutional document of all times – the foundation of the freedom of the individual against arbitrary authority”.

In France, the jury system was introduced at the time of the inquisition dating back to the middle ages. In Italy, Pope Innocent IV in 1254 confirmed the obligation of its application “because for a serious accusation, the Court has to proceed with utmost precaution”. In difficult cases, a jury’s ruling was then compulsory.

http://www.nation.sc/article.html?id=244992

Supreme Court annexe at Ile du Port officially opens

The Supreme Court annexe building which will be served mostly to hear piracy and maritime crime cases was officially opened yesterday afternoon.

The two-storey ultra-modern court complex has been donated to the people of Seychelles by the United Nations Office on Drugs and Crime (UNODC).

It has been funded by the government of the United Kingdom, the Royal government of the Netherlands and the Trust Fund of the Contact group on Piracy.
The foundation stone for the construction of the complex was laid in August 2013.

The new complex comprises two large courtrooms, two judges’ chambers, registrar’s room, purpose built holding cells for detainees, witness waiting areas, lawyers’ meeting rooms among other facilities.

Its special architectural design with Greek columns nicely blends with the architectural design of the Palais de Justice.

Acting Chief Justice Durai Karunakaran unveiled the plaque and cut the ribbons to officially open the complex. Before that he had received the keys to the building from British High Commissioner Lindsay Skoll and UNODC regional representative for Eastern Africa José Vila del Castillo.

Present to witness the event was Vice-President Danny Faure, various ministers, the Speaker of the National Assembly Dr Patrick Herminie, members of the diplomatic corps, other distinguished guests, judges, lawyers and other members of the judicial profession as well as staff of the judiciary.

Addressing guests prior to the opening of the building Justice Karunakaran, on behalf of the government, the judiciary and people of Seychelles expressed deep gratitude to the different foreign donors and partners for their unwavering support and for generously funding the project.

“The opening of the Supreme Court annexe marks the culmination of steps taken over the past five years to establish Seychelles as a unique and leading jurisdiction for combating piracy in the region,” Justice Karunakaran said.

But Justice Karunakaran stressed that the new facility is an extension to the Palais de Justice, the centre of judicial excellence in terms of infrastructure and technology.

http://www.nation.sc/article.html?id=245057

Panel of judges preferable to current jury system, says former Mauritian CJ

11-April-2015
The jury system is archaic, former Mauritian chief justice Yeung Kam John Yeung Sik Yuen has said.

Mr Yeung Sik Yuen, who has for the last seven years been the commissioner of the African Commission on Human and Peoples’ Rights, said this yesterday afternoon during a press conference at the Ministry of Foreign Affairs and Transport at the end of his team’s April 6-10 visit here on the invitation of the Seychelles government.

“I know very well the jury system, but nowadays this system has become archaic,” said Mr Yeung Sik Yuen.

“We are siding too much with the British who prefer trial by peers. The jurors don’t have any legal training and if the defendant has a very good lawyer he/she can easily manipulate the jurors. So it's time to dump our archaic jury system and hand the job over to qualified professionals. My preferred solution is to have a panel of at least three judges. You need to have an odd number to arrive at a final verdict,” added Mr Yeung Sik Yuen.

Mr Yeung Sik Yuen’s opinion adds to the ongoing debate about whether we should stick with the jury system or give judges the right to make the final judgment in mostly murder cases.

http://www.nation.sc/article.html?id=245066

Seminar on reporting judicial and police investigations in the media

14-April-2015
Is journalism being sacrificed for sensationalism?

Sensationalism affects both those who receive it and those who report it. How?Justice Karunakaran delivering his opening remarks
As newspapers, radio and television stations compete viciously for readers and audience of their respected newspapers and broadcasting stations, there is to some extent what is termed sensationalism in their reporting.

Journalists taking part in a two-day seminar were yesterday told by Nichole Tirant-Gerardhi, the former editor of TODAY in Seychelles newspaper, that “you may package your story sexily but whatever is said should not be defamatory”.

http://www.nation.sc/article.html?id=245094

Letter to the Editor - Don’t knock the rights of the public

16-April-2015
I refer to your article in the Seychelles NATION of Saturday April 11, 2015 entitled ‘Panel of judges preferable to current jury system, says former Mauritian CJ'

I am not in any way presenting my opinion on the preference of either remaining with the jury system or doing away with it. I just feel that his comments about 'jurors not having any legal training and hence it is best to hand the job over to qualified professionals' as somewhat offensive to the intelligence of the general public.

Does that mean that the general public who elects their leaders through the ballot system, who in turn pass laws which are eventually applied by Judges should also not have that right as they do not have any legal training?

Perhaps in his haste to 'dump the British archaic system' using his words, he had not meant to be offensive. But his point about putting trust only into professionals is also questionable.

http://www.nation.sc/article.html?id=245109

Fast track court for swift justice delivery

08-May-2015
Seychelles has its first Fast Track court for environment and traffic offences which was officially opened yesterday morning byBrassel Adeline is the Designated Magistrate of the Fast Track Court acting Chief Justice Durai Karunakaran.

Present at the ceremony were Home Affairs Minister Charles Bastienne, Environment, Energy and Climate Change Minister Didier Dogley, attorney general Rony Govinden, officials and staff of the Seychelles judiciary and other distinguished guests.

http://www.nation.sc/article.html?id=245333

Seychelles Voice
Voicing the International Community on what is really happening in Seychelles.

Thursday, May 14, 2015
ALEXIA G. AMESBURY; A REAL LIFE FAIRYTALE
By Dianne Dalida

Perhaps the toughest thing we learn as we grow up is the harsh reality that ‘life is not fair’. Childhood stories, such as those created by Disneyland cartoons, feed us with expectations that Prince Charming will save us. That the just and kind will always emerge triumphant, and that good will always conquer evil. However, life is no fairytale and for some of us, this is a lesson we learn from very early on.
http://seychellesvoice.blogspot.co.uk/2 ... l?spref=fb


Monday, May 18, 2015
SEARCH FOR IDENTITY BEGINS IN SEYCHELLES SKULL CASE
The bullet casings still haven’t been found by police.

Who does the skull found in Bel Ombre belong to? As the search for missing parts of the body whose skull was first found last Monday goes on at the site of the H Hotel in Bel Ombre, speculations are mounting as to the identity of the “victim”.

While the police say they haven’t recovered any bullet casings so far, sources tell this newspaper that landscape workers on the construction site said they had uncovered “at least ten bullet casings” last Monday. The Assistant Commissioner of Police (ACP) for Policing, Reginald Elizabeth, told this newspaper on Saturday that the workers had also confirmed the presence of bullet casings but that the police had not yet been able to recover any. Metal detectors are being used to search for the casings.

http://seychellesvoice.blogspot.co.uk/2 ... ns-in.html