Timeline

ACCS issues a motion seeking to make wholesale changes to the charges against Mukesh Valabhji. At the same time ACCS refuses to apply to postpone the trial of these charges which is listed for 11 May 2023.Date set by the Court of Appeal to hear Mrs Valabhji’s appeal for bail.

Laura and Mukesh Valabhji issue a formal motion seeking the recusal of Chief Justice Govinden on the grounds set out previously by James Lewis KC in his letter.

Attorney General’s lead counsel Steven Powles applies for an order directing that the ACCS money-laundering trial (then fixed for 11 April 2023) be replaced with the AG’s arms trial. At this time both ACCS and Attorney General know that Laura and Mukesh Valabhji have been unable to instruct a legal team to begin to prepare their defence for either trial, because they have been denied access to their funds.

Laura and Mukesh Valabhji apply to revoke the previous decision by Chief Justice Govinden to revoke a power of attorney by which Mukesh Valabhji is able to use bank accounts located outside Seychelles, which was made without giving Laura or Mukesh Valabhji a chance to respond. Laura and Mukesh Valabhji explain that they do not have sufficient funds in Seychelles to pay their legal costs, but that unless the earlier decision is revoked they cannot access their funds overseas.

Laura Valabhji brings an action in the Constitutional Court of Seychelles seeking a declaration that the way in which her prosecution was managed had been unlawful, and that prosecuting her under retrospective legislation, passed urgently mid-way through the process, was unconstitutional.

Mukesh Valabhji files a petition to the Constitutional Court to review the constitutionality of a section of the Anti-Corruption Act, 2016.

Laura and Mukesh Valabhji engage Zaiwalla & Co Solicitors of London to represent them in both sets of allegations.

Leslie Benoiton reappears in Court.

The Court of Appeal sets the next hearing date in Mrs Valabhji’s bail appeal. The Court gives reason for this date as there were not enough judges to sit on the panel at the time.

The Supreme Court orders the destruction and disposal of key evidence in the firearms and terrorism case. 160 grenades as well as the cache of arms and ammunition supposedly found at Mr and Mrs Valabhji’s residence in Morne Blanc are ordered to be destroyed.

The Commonwealth Heads of Government Meeting (CHOGM) takes place. CHOGM is an international meeting of the de facto leaders from all commonwealth nations. This followed frequent attempts by the Valabhji’s legal team to contact stakeholders via formal letters.

The ACCS brings new charges against Mr and Mrs Valabhji in the Supreme Court that centres on a supposed false document purported to be a loan document.

Laura Valabhji appeals against Chief Justice Govinden’s decision to refuse to grant her bail.

ACCS lead counsel Edmund Vickers admits to the Court that ACCS did not have the power under Seychelles to prosecute Laura of Mukesh Valabhji on the money laundering charges. Chief Justice Govinden nonetheless refuses to dismiss the charges and end the prosecution which ACCS had admitted was not lawful.

Chief Justice Govinden refuses to grant bail to Laura Valabhji. He says he believes there is a real risk that she would abscond and tamper with prosecution evidence unless she was kept locked up.

All defendants in the arms, ammunition and alleged conspiracy to commit terrorism case are remanded and are due to reappear before the court on the 8th March 2022.

Frank Marie is finally released on bail, also due to reappear before the court on 8th March 2022.

Mr and Mrs Valabhji, Leslie Benoiton, Leopold Payet and Frank Marie receive a summons from the Supreme Court to answer allegations about five new offences relating to the alleged possession of arms and ammunition, which was purchased by the former government some decades earlier.

All remain held on remand as the authorities continue investigations.

A provisional plea date for the 4th March 2022 is set in the case of the missing USD 50 million.

Note: Despite urging by all defence counsel that the plea should be taken at the earliest opportunity, the plead did not take place on the 4th March 2022.

As a result of intimidation of both local and international Counsel, Mrs Valabhji is unable to find suitable legal representation and on 28 January 2022, she is compelled to represent herself as a defendant, with the case being further delayed once again due to lack of legal representation.

The next remand hearing is scheduled for 18 February 2022, 3 months since her incarceration.

Police carry out a series of searches under the authority of the Supreme Court, including the Capital Trading building at Providence.

A financial controller of the Seychelles Marketing Board (SMB) at the time of the alleged crime in 2002, is arrested on two offences; corruption and money laundering. The suspect remains unnamed as they are not charged.

Laura and Mukesh further remanded to 7 January 2022.

Formal charges are laid in relation to the money laundering offences as follows. Every defendant indited is connected to the former President, France-Albert René who was a long-standing enemy of current President Ramkalawan. The charges are based on spurious evidence.

Count 1 – Conspiracy to commit Official Corruption contrary to sections 91 and 381 of the Penal Code and punishable under the same sections of the said Penal Code: Mukesh Valabhji and Lekha Nair.

Count 2 – Conspiracy to commit Money Laundering contrary to Sections 3(1)(c) and 3(3) of the Anti-Money Laundering and Countering the Financing Terrorism Act, 2020, and punishable under Section 3(4) of the said Act: Mukesh Valabhji, Laura Valabhji, Andre Leslie Benoiton, and Sarah Zarqani Rene.

Count 3 – Conspiracy to commit Money Laundering contrary to sections 3(1)(a) and 3(3) of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020, and punishable under section 3(4) of the said Act: Mukesh Valabhji and Maurice Jean Leonard Loustau-Lalanne.

Counts 4 through 7 – Official Corruption contrary to section 91 of the Penal Code and punishable under the same section of the said Penal Code: each individually charged – Mukesh Valabhji, Lekha Nair, Andre Leslie Benoiton, and Maurice Jean Leonard Loustau-Lalanne.

Counts 8 through 11 – Money Laundering contrary to sections 3(1)(c) of the Anti-Money Laundering and Countering the Financing of Terrorism Act, 2020, and punishable under section 3(4) the said Act: each individually charged: Mukesh Valabhji, Sarah Zarqani Rene, Andre Leslie Benoiton, and Laura Valabhji.

Counts 12 and 14 – Stealing by person in public service contrary to sections 253 and 265 of the Penal Code and punishable under section 265 of the said Penal Code: Mukesh Valabhji and Andre Leslie Benoiton.

Count 13 – Aiding and Abetting Stealing by person in public service contrary to section 22(c), 253, and 265 of the Penal Code and punishable under section 265 of the said Penal Code: Lekha Nair.

Counts 15 through 18– Stealing by a director of a company contrary to section 253 and 267 of the Penal Code and punishable under section 267 of the said Penal Code: Mukesh Valabhji, Maurice Jean Leonard Loustau-Lalanne.

Counts 19 through 22 – Concealment of Property contrary to section 37(c) of the Anti-Corruption Act, 2016, punishable under the same section of the said Anti-Corruption Act: Mukesh Valabhji, Sarah Zarqani Rene, Andre Leslie Benoiton, and Laura Valabhjiu.

The court rules that Maurice Jean Leonard Loustau-Lalanne and Lekha Nair can be released on bail. The court sets bail for Sarah Zarqani Rene at US $2,000,000, as well as two sureties to sign a bail bond of US $1,000,000 each. Nair and Loustau-Lalanne make bail and are subsequently released. Loustau-Lalanne is required to report to the Mont Fleuri Police Station at 9am everyday.

Sarah Zarqhani René files an application before the Court of Appeal for her appeal against the bail conditions imposed on to her heard urgently. Sarah maintains that she cannot afford the $2 million that is required to grant her bail.

The accused are scheduled to reappear before the Supreme Court on December 30.

Leslie Andre Benoiton, a Lieutenant Colonel in the Seychelles Defense Force, is arrested.

A bail application is made Mr and Mrs Valabhji but is refused. The Supreme Court states that the ACCS has proven that there was a case to detain all suspects in custody. The Court denies bail on the grounds that if released on bail, they would interfere with witnesses and obstruct the course of justice the Court also indicated them as a flight risk.

The UK donates 12 new laptops and workstations to the ACCS through the British High Commissioner, Patrick Lynch.

Wavel Ramkalawan, former Leader of the Opposition and of the Seychelles National Party, is declared the winner of the presidential election.

Steven Powles QC is sworn in as a State Counsel in Seychelles. He is working with the ACCS prosecution on Mr and Mrs Valabhji’s case and is also currently working as lead counsel for the Attorney General’s office on the arms and ammunition case.

Probe into the offences, which concluded that the case could not be prosecuted due to lack of evidence.

Sarah Zarqhani René marries Albert René, then President of Seychelles.