MR. NABOTH JOHN DEBAUBIN,
P O BOX 700
TEL: (248) 4261213 / (248) 2582511
UNLAWFUL EVICTION / BREAK IN / TRESSPASS AT LE MARINIER ON 10/11/10 (HUMAN RIGHTS DAY).
This is my personal account of what happened in the afternoon of the 10/11/10 at the Le Marinier Restaurant at the Inter Island Queue passenger’s terminal.
About 10 years ago I left Seychelles for the political climate was in the one party state the reason for me to go settle in Australia, where I was looking for a better and prosperous life.
Realizing that I was getting old and missed my native land of which I hoped to finally spend my last days, I decided to come back after the political situation supposedly changed from one party state to multi-party which was presumed to be getting better in 1990’s.
Once back home I started looking around Mahe as to how I could contribute and invest in the catering and food business, which is what I was doing in Australia.
Inter Island Ferry Services Still operational until today yet no bar or restaurant in site.
So by sometimes Going at the New Port, Inter Island Queue I noticed that the building that was being used as a passenger terminal for people wishing to be ferried to the outer islands was empty and didn’t have a catering service that could be necessary to facilitate both workers at the Jetty and most importantly passengers waiting to travel to and from the outer islands.
So I took contact through a friend working with the Minister in charge of the location in question and received formal written permission to start such a business there. But first I had to renovate the entire building which was in a very deplorable state, and to turn it into the standard required by the Seychelles Licensing Authority.
I had to do this with my own funds, as this was not part of the proprietors’responsibility.Upon completion I named the place “Le Marinier”, to coincide with the surroundings which is mostly the sea. I decided to operate both a bar and restaurant service.
At the beginning I was given one year contract lease and later three years which was renewed upon reapplications.
Although it was a constraint to have such a short term lease, I was confident from the positive response I was receiving from all those concerned that eventually I would receive a longer lease and I would be able to give an even much better service, since there was more activity increasing at the jetty.
Former President of the Seychelles Republic Mr.France Albert Rene.
Again when my lease expired it was renewed with same terms to no extension as I was told. Only after contacting Ex-President Mr.France. Albert Rene and asking him for some help, as I had worked for him in the past, the extension of my lease finally materialized in 2002. I was given a longer lease for 5 years, and some peace of mind to commit myself fully to provide such a demanding service.
Wilton Ernesta former Director of Port and Marine Authority.
During that same period the Director of Port and Marine Mr. Andrade resigned from his post and was replaced by Captain Wilton Ernesta, who at the time was the only person which could understand and respect the demand in nature of the service I was providing
in 2006. knowing that my lease would soon be expiring, Captain Ernesta contacted me and informed me he was happy to let me know that he was going to cancel my present lease and that I would be getting a new lease for a much longer period than before.
He told me that I would now feel much more secure in this investment and I would also feel more at ease to carry on and invest in making my clients much more comfortable and provide a better standard of service.
By first decree in his Directors post was Rent Abuse.
But this unfortunately did not materialize. Instead of securing a longer lease, I was informed that Captain Ernesta was no longer the director of Port and Marine and that he had been replaced by a Colonel Andre Ciseau and that with immediate effect my rent went up from RS 5,000.00 to RS 10,000.00 an incredible 100% increase!!!
As I was not getting any younger and knowing that Mr. A. Rene, the former president was no longer in power; I could not go and beg for anymore help. I was left with no choice but to pay this huge increase in the rent otherwise I would have had to give back the premises to the Port and Marine after investing all my life savings in it.
During this period of difficulty I was also facing another problem of having to compete with 3 or 4 mobile takeaway business that came near and on the Le Marinier premises to conduct their business. This happened as soon as colonel Ciseau became in charge of the Port and Marine. Although it was the duty of the Port authorities to regulate this intrusion.
Opposite of Le Marinier there was a building where workers from the port used as a shelter, this was immediately closed and those workers were told to go and use the Le Marinier restaurant if they needed shelter; even if they were not dressed accordingly for the business environment nor required any service from the bar or restaurant.
All of this I felt was to discourage me from continuing my business at Le Marinier!! Soon after, I was given a one months notice, by the Port Authorities dated 30/7/07 and that my lease would no longer be renewed, and that there was no valid explanations besides the notice given.
Colonel Andre Ciseau with Minister Sinon, overseas in the name of the Country.
So I wrote to Colonel Ciseau the new director of Port and Marine inquiring on what grounds was this happening; to which he replied that he did not need to give me any reasons or explanation and that he would not change his position on this matter!!
Attorney Anthony Derjaques after Rejection Letter as Member of Parliament was Submitted in his Name.
I then approached Private Attorney Mr. Anthony Derjacques, whereby we decided to take the matter to court. We felt that my rights were being violated, by this new director of the Port and Marine, Colonel Andre Ciseau, who had no regards whatsoever to a citizens rights.
The case proceeded to court and was presided by Judge Perera, who issued a court order to protect me from being evicted until he had given his verdict.
The State of Le Mariniere until Today still empty and unused.
To everybody’s surprise just before verdict could be heard on the 10/11/10 exactly, on Human Rights Day. Colonel Ciseau sent (7) seven port security officers to the Le Marinier restaurant who exclaimed that they had been given orders from Director Colonel Andre Ciseau to break into Le Marinier, and remove everything that belonged to me and to place them outside.
They were also accompanied by the legal adviser of the Port Authority a Ms. Evenor, who herself told those security officers that what they were going to do was illegal, as there was a court order from Judge Perera preventing exactly such a situation from happening until the court gave a verdict.
Today Justice Gustave Dodin sent the case for February 2012.
I quickly called my lawyer Mr. Anthony Derjaques to Le Marinier, who immediately came over and before those security officers could break into Le Marinier, we went to the police headquarters to ask for assistance. Astonished and surprise we were told by the police officers on duty that day they were aware of the situation, and they had been given specific orders “Higher up” not to interfere with what was happening at Le Marinier, unless a “Criminal” offence was committed!!!
So we rushed back to Le Marinier where the officers started using hammers and crowbars to break into Le Marinier right in front of everybody including tourists watching who were wondering what was happening.
Angry and helpless to find myself in this situation, I almost reacted physically to protect my business and belongings, but fortunately my lawyer calmed me down by convincing me that this matter will be taken before the courts and that I will have justice for what was happening locally or internationally no matter the cost.
After everything was removed from Le Marinier and placed outside, I had no choice but to hire a pickup truck and also assistance from a friend to transport my belongings home.
To conclude; it is really sad and disappointing to know that after all of these years of the government “preaching” Democracy, Equal Rights, Fraternity, Human Rights, investment protection etc….. One of their own executives still did whatever he wanted to me and my life support and he is considered above the law and not to be touched.
And James Alix Michel The Current sham elected President said "ZIZ MWAN PAR MON AKSYON.
I’m sure this is not the first case of power abuse and corruption and I know it will not be the last, but everything comes around eventually and justice will prevail.
The Supreme Court Still as Blind as a bat.
I am also skeptic about the Human Rights and UN organizations, who are sometimes invited here in Seychelles by this government, and plays a very minor role in trying to resolve or condemn such injustices which is happening on our shores.
What we see every time on state TV is what we are allowed to see. On SBC when these organizations are invited to come here to Seychelles, they only talk of the natural beauty of our islands and the smiles on the faces of its inhabitants saying we are a peaceful nation!!
President disgraces international Principles on Human Rights by Promoting Chaos.
As a human being this is really disappointing, we need to see more action from these people who hide behind those nice words of “Justice, and Equal Rights”. To prevent more people from suffering and being abused in a similar manner.
Note: That Colonel Andre Ciseau prior to being Director of Port and Marine functioned under the military code of conduct at the Seychelles Coast Guard. So to my belief his actions by sending (7) seven strong arms to break and enter without respect to court proceeding is the extent of his knowledge of constitutional Laws Of Seychelles.
President A Former Army Officer Promoting from his old Pack is All He Knows!
In short an army officer uses weapons or force to protect the country but can the country protect itself from the same army officer that protects it when they are reinstated in Society???
Naboth, John, Desaubin.