Monday, September 23, 2013

Seychelles Government Needs to Review The Laws And Citizenship Act Which Permits Legislative And Corrupt Practices With Individuals To Threaten The Safety Of The People And The Republic Of Seychelles.


These are the only wanted Marek's on interpole watch list online in slovakia

The Government of Seychelles has failed; Corruption Prevailed.

After watching the Seychelles News Extra Aired by the Local and Sole Visual Media SBC the Minister for Home affairs Joel Morgan has shown clearly that the whole operation of the 
Deportation of Marek Trajter was a fiasco to prevent the real questions from every making it to the light of day.

Questions are:

Since the minister was able to quote an exact figure and amount of bullets allegedl;y used or caused to be used by Marek Trajer in slovakia. Why was it that when MR. Trajter claimed that he was coming to invest in Seychelles the paper trail of his money did not led to an interpole alert? Since FIU ensures that all amount invested in Seychelles are legally owned equity?

Another is the definition of deportation used by both the Minister and the PS. Why was there no dialogue between both Seychelles and slovakia prior to any direct actions taken towards MR. Trajter and also once that the revoke of trajter's citizenship came into play why did the Ministry of Foreign affairs remained silent rather than take an interest in the matter?

Why is it that in the interest of transparency these government officials on SBC news extra could not tell the people what exactly went wrong that led to Trajter being bestowed our citizenship and confirm the culprits responsible? Whether the legislation individuals were acting in good faith and trust the law is clear and is not judged in good faith but rather through evidence that leads to justice and rights!

Why did the Minister use the term very dangerous and went as far as to claim the protection of the individuals involved in the deportation of Marek as to safegaurd their lives of possible threat from the individual when there has not been any convictions against Marek yet? Is the law not clear when it says innocent till proven guilty for Seychelles?

Note that such a fiasco has now served as a lesson for Seychelles and requires more clarification overall. This is why Seychelles needs to become more Democratic in drafting and putting together laws, and the dissipation of information's  Rather than just printing names in newspapers in a citizenship application pictures with persons description should be included as most papers are printed in black and white in Seychelles.

There is also a bigger need to review the actions or laws that deals with corrupt practices in government especially one of this magnitude. This should also be done through democratic form and with public and independent bodies assistance and invitation. A general need for an information act is once and for all required as proven by executive, legislative and judiciary that they cannot run properly causing grave situtation for Seychelles and the people of Seychelles  As er the description of Minister Joel Morgan to the news reporters and general public audience viewing the program on sbc.

A review of every citizenship given in house is now required by the state as facts have proven that government is not always right to judge in good faith but rather by facts.

It is not this blogs duty to pass judgement on MR. Marek Trajter before he face trial in his country based on charges that may be brought against him nor is it the blogs duty to convict Marek Before he is judged, but it is this blog's duty to tell government that running this country is only done for the people of seychelles as a nation not personal individuals or for any other country; recognition of foreign individuals and their rights is important but priority is reality and accountability.

What will happen if Marek is trialed and aquitted of charges if brought against him? What would happen if he is found guilty and his assets put into question or seized? Will the government of seychelles have to give back the money he spent on seychelles confirmed by joel morgan on sbc? Acoording to allegation he gave money to individuals as well as foundations and parties for favors and support; will this mean that seychelles has a tendency to lure and entrapped corrupt individuals take their money and then send them to the gallows they came to avoid?


 IN THE SUPREME COURT OF SEYCHELLES

Miscellaneous Cause No. 19 of 2013

Marek Trajter Applicant

Versus

The Commissioner of Police Respondent

Counsel: Frank Elizabeth for the Applicant

Ronny Govinden, Attorney General, for the Respondent

Heard: 7 May 2013

Ruling: 7 May 2013

RULING

Egonda-Ntende, CJ.

1. The applicant, Mr. Marek Trajter, has come before this Court under Article 18 sub-article 8 of the Constitution of Seychelles. Initially he sought to be produced before this Court so that this Court can investigate the lawfulness of his detention. Yesterday I made an order requiring the Commissioner of Police to produce the applicant before me this afternoon.

2. I note with satisfaction that the Commissioner of Police has complied with that order and applicant has been produced before this Court. The Attorney General acting both for the Commissioner and I presume the Government of Seychelles filed an application with a supporting affidavit explaining the detention of the applicant in this matter. It now falls upon me to examine the material before me and determine whether Mr. Trajter is lawfully held or not.

3. The applicant, from what I can gather in the affidavit filed by Mr. Bastienne the Principal Secretary in the Ministry of Home Affairs, was until the 02nd May 2013 a citizen of Seychelles. Being a citizen of this country as of the 02nd May 2013 he was entitled to certain rights under the Law that had to be observed. Mr. Bastienne has stated on oath that the citizenship was revoked by the Minister for Home Affairs on the 02nd May 2013. And that after revocation of such citizenship the applicant became a prohibited immigrant in terms of Section 19(1) sub-section H of the Immigration Decree who was liable to deportation from the Republic of Seychelles.

4. It has been contended for the Government that in light of the revocation of the citizenship of the applicant the Minister had the power and authority to detain and deport the applicant from this jurisdiction. On the other hand Mr. Elizabeth, counsel for the applicant, has stated that the Minister in purporting to revoke the citizenship of the accused did not comply with the Law.

5. It is imperative at this stage that we examine the lawfulness of the actions of the Minister in order to determine whether the power as exercised has been rightly exercised or not and whether ultimately the applicant is lawfully held or not.

6. I will start by setting out in its entirety Section 11 of the Citizenship Act Cap 30, hereinafter referred to as the Act. It reads and I quote

“(1) The Minister may subject to the provisions of this Section by order deprive a citizen by registration or naturalisation of the citizenship of Seychelles if the Minister is satisfied that the registration or naturalisation was obtained by means of fraud, false representation or the concealment of any material fact.
(2) Before making an order under this Section the Minister shall give the person against whom the order is proposed to be made notice in writing informing the person the ground on which it is proposed to be made and of the right of the person to have the case referred for enquiry under sub-section 3.
(3) If a person notified under sub-section 2 applies for an enquiry within such time and in such manner as maybe prescribed the Minister shall refer the case for enquiry and report to a Commissioner appointed by the Minister for the purpose. 3
(4) The powers rights and privileges of a Commissioner appointed under sub-section 3 shall be the same as those conferred on a Commissioner by the Commissions of Enquiry Act and the provisions of that action, mutatis mutandis, apply in relation to an enquiry under this Section and to a person summon to give evidence or giving evidence at the enquiry.

(5) A person shall not be qualified for appointment as a Commissioner under sub-section 3 unless the person is or has been a Judge of the Court of Appeal or of the Supreme Court”.

7. It is clear from the forgoing statutory scheme that a Minister cannot exercise the powers under section 11(1) of the Act before he has complied with section 11(2), 11(3) and 4 and 5 of the Act. The affidavit of Mr. Bastienne is quiet on whether the Minister complied with section 11(2) of the Act. During the hearing I did ask the Honourable Attorney General to inform me whether the Minister did comply with section 11(2) of the Act but I have received no direct answer to that question.

8. The applicant has stated in his application that he is a citizen of this country and his declaration of citizenship and registration was registered on the 09th April 2013. He has not stated that he received a notice of revocation or a notice of intention of revocation. Neither has Mr. Bastienne affirmed whether the Law was complied with. But when you take into account the fact that these events have happened over a very short period of time I can only reach one conclusion that the Minister did not comply with section 11(2) of the Act. For had he done so this would have been disclosed on the affidavit of Mr. Bastienne.

9. The lawfulness or otherwise of the detention of the applicant hinges on the actions of the Minister and it is clear that they fall short. The Minister has not complied with section 11(2) of the Act and as a result trigger, [or] give an opportunity to the applicant to opt for an enquiry to be made or not to be made. The rights contained in the laws of Seychelles and in the Constitution cannot be regarded as cosmetic. They are real. And Public officials that administer these laws must comply with both the letter and spirit of the law. Having found that the Minister has fallen short in this regard I can only conclude that any actions based on this foundation continue to be unlawful. If the Minister has not acted according to law to deprive the applicant of his citizenship the applicant cannot then be treated under the Immigration Decree as a prohibited immigrant.

10. I therefore find that the applicant, on this line advanced by the state, is being held unlawfully. He should be released forthwith unless the state has some other lawful reason to continue detaining him. I so order.

Signed, dated and delivered at Victoria this 7th day of May 2013

F.M.S EGONDA-NTENDE


CHIEF JUSTICE

45 comments:

Anonymous said...

Can someone clarify if the pizza boy from uk has infact arrived in the seychelles? If he has, has he bring his scotter?

Anonymous said...

FAURE is in the UN assembly.I hope he has listen carefully the speech of Obama.

Anonymous said...

Pissedoff if you want to know if Tall has arrived or not,do your homework to find out.

Anonymous said...

This Articel is about a mafia that was hiding in Seychelles and was sponsering pp criminals, not if tall has arrived or not this comment go dan lari bazar with it.

Terorist Alshaba and Bokoharam,Taliban are on our shore hiding and there hiding place is in the mosque.Next time in the news you will hear terorists were carring Seychelles passport.

Anonymous said...

This government excel in confusion and corruption.

Jp, you have been accused of meeting the fugitive in Praslin. Can you tell us what was your motif and what you have you gain for your trouble?

MICROBIOME :) :) :)

Anonymous said...

Gary,tell us about the receipt for making very tasty pizza first.what speed do you ride yr scooter when you deliver the delicacy to yr English masters n their wieves?what kind of tips do you get man if you don't mind me asking?Its good pocket money for you to go to the pubs in yr suit as if you are a real embassador.

Anonymous said...

My receipt e dan liki ou manmam:

Anonymous said...

Gary,nice photo with tophy under he shed.
Are yoy considering makiing pizza?good space to park yr scooter man.

Anonymous said...

The motive of jp on praslin is not your fucking bussiness microbfes.

Anonymous said...

Why jp is accused?jp is a sfp members and he will always be a sfp roots.

Anonymous said...

Gary,have a look on the front page of Today newspaper and you will get some ideas of the type of pizza we make in mahe seych.
We have got a vacancy for 12hrs work per week as a mature delivery boy.are you interested?if yes contact zakarrie baccarie on 24567221 urgently. Please wear yr tie n suit for interview presentation.A acooter is a must.we look forward to see you.ZB.

Anonymous said...

Breaking. News.Lise b inn dir ki li e pe bien pipi laba dans la maison letat.son portre dan li victoria times e dir tou.Enjoy mon cher, bougue a dan lacour pe gayne talonen.si e pas vire sa lanen mon pas konan.

Anonymous said...

Mon Popol can u tell us why u went to meet Marek at La Digue?Last year it was with El Materi for a bottle of guinness n SR10,000 this round was for how much mon popol?

Jean Paul Isaac said...

Microbiome i was not accused of meeting El Materi as it was General Knowledge that i met him to hear his side of the story as part of good journalism.

In the Case of Marek Trajter i never met him though it would have been interesting to film his side of the story and hear who he gave money to and why. A friend of mine had already tried to establish contact with him through his wife but he came back saying that the guy did not want to speak out as it may jeopardize his appeal case.

Either way technology is vast in the world of today if it is of great interest i can easily write to his lawyer in slovakia and ask for a video recording of trajter explanation to whom he paid and why.

I am no longer an SFP member please note that clearly. I am a freedom loving seychellois a word which i brought about in my post's and articles and ended them with my own creation from sentiments god bless all freedom loving seychellois and everybody around the world after hearing political candidates in the us saying merely god bless america. I asked myself what about everyone else?


So this is when i came up with including all human beings into my pray for gods blessings.

There are some steps being taken in this case on the side of human rights violation in the interest of mr. trajter by myself and some other people but my priority remains seslwa and seychelles.

God bless all freedom loving Seychellois and everyone around the world.

Anonymous said...

Jp you have grow to be a leader.

Anonymous said...

Jp is looking for a sponser for his new party.

Anonymous said...

Jp last time on Seychellesreality UK you were praising microbfes know?

Anonymous said...

I know JP was in Praslin for fucking business, that's a genuine answer. Isn't it? Fuck NOT! What I would like to know is who he is fucking WITH? How can you claim to be a truth seeker when you can't even answer a simple question without trying to hide the truth?

MICROBIOME :) :) :)

Anonymous said...

My previous comment was directed to the anonymous who had to shut me down in order to protect JP.

I do agree to the fact that as a journalist you need to get the story from all side in order to publish a fair report. However, we also has to question the pattern of your behaviour in order to verify and establish you as a credible source.

As a reader of your blog and fellow freedom fighter, I would like to read a Q&A with the captain of the CHARITAS, the members of the crew, family of the crew and their lawyers.

MICROBIOME :) :) :)

Anonymous said...

Who is this fucking idot by the name of Barry Laine?where does he come from sa liki son mamam? Is he the same blok that promise seychellios the mono rail project kin pri dan son trois fes pi?
Mon tande ki e un pilon?

Jean Paul Isaac said...

MICROBIOME :) :) :)

I have not been to praslin lately or have any businesses there as you have been led to believe.

If and when i go to praslin it is in the company of family members to visit friends or to get a story from the lips of the source or victim.

I do not have any other reasons to go there in any other case.

I apologies for indulging a response at this hour but it is the only free time i get to respond on the blog from other human rights cases and duties at hand for me.

In fact i have a cousin that is living on Praslin with her son that we often visit.

Whereas your request for a a Q&A with the captain of the CHARITAS, the members of the crew, family of the crew and their lawyers.

Well i believe i had already loaded the tape of one of the crew members which is innocent but was on the wrong boat at the wrong time. As per their lawyers it is very unlikely that i would be given a disclosure on the case as this would tend to prejudice this blog to one sided only.

We all need to remember that illegal drugs is actually affecting our country and our people and if the law should take its course then i will support it as so long it is fair and just towards all parties.

I am glad when i saw established a lawyers code of conduct despite criticism when i made the demand for one public by many and even to the point of former member of my former political party trying to get lawyers to react negatively towards my move for a code.

Today this is different. there are more things i will bring forward such as the need for an information act and further in due course even alone i achieve many good deeds and complete many fairness and just cause in action not just words.

Regards to my fellow bloggers and i hope that this was explanatory enough.

Anonymous said...

Biome why doesn't Christopher Gill or Gary Tall seek an interview with Micheal Hoareau charita's captain himself and load it online, since he is deeply routed in PL after the stunt with Herminie to prevent assets seizure by the banks? Do you think the people of Praslin did not notice?

Could it be that Isaac is the only credible reporter in Seychelles through his means of recordings and video's? Well a picture tells a thousand words but a moving picture tells a direct story; does it not??

Anonymous said...

Jp when you will realize that microb fes is pissedoff.

Anonymous said...

Christopher Gill is accusing my frined JP with PL and SNP as well as boullee and volcere for selling our patrimony.

what's wrong with this picture is his hate that jean-paul jumped his slave trade ship when he opened the cargo bay only to find that all black people was the payload.

Gary Tall is now his first mate and the wipe master should any of these "Jelelo" decide to rebel.

What Gill has not been unmask for can only be told by the greatest seychellois reporter alive Jean-Paul Isaac but so far i know that while he calls wolf foreigners and ask for them to go home.

He stays silent on his family's property at mont fleuri where he says government took it by acquisition laws and has not even once petition the courts for this property back. The same property is leased out to many foreigners from Indians to Spanish doctors and Russians. The same doctors that gill writes about calling them butchers and unqualified personnel's.

Gill will not fight this property in court and deal with these butchers as he says he would rather harbor them to decide who lives and dies like the old doctor Ferrari.

The list in my opinion should be SNP,PL,PDM, SUP and SFP independent Boullee are selling our patrimony.

By J. Dingwall

Anonymous said...

To James Dingwall please keep selling or giving snp papers quitely or else i will expose you for the heroin user that you are.

Sesel pou seselwa

Anonymous said...

Errrr....when will you realize that Dingwall is Pissedoff.

Anonymous said...

POPOL ,i appreciate your jobs as a journalist.My question---Are u a freelance juornalist or working for SNP,DNP,PL,Afif's brother,El Materi?

Anonymous said...

Barry laine,go home seychellios don't want you on our islands.where is yr mono rail? Eski inn pri dan ou trou finon?Z Baccarie

Anonymous said...

When a heroin addict has a clearer vision of reality than a clear-minded person then it is time for that person to review his perspective on life.

"Everyman has a right to decide his own destiny" as long as it does hinder the destiny of other human being.

MICROBIOME ;) :) :)

Anonymous said...

Barry laine is importing heroin into seychelles.

Anonymous said...

With all the know how that he is accredited for, he is probably making his own heroin!

MICROBIOME :) :) :)

Anonymous said...

Ha ha ha, where is his mono rail project which were supposed to depart from Anse Etoile and terminate to Anse Royale?
Where is it? Where is it Basa?

Anonymous said...

Sa project inn pri dan mon fes kaka ban kouyon.Mon pe constipe.ler mon pou kaka li zot avar voir ban couyon.In the meantime let me write up some rubbish for the fools of this beautiful islands.

Anonymous said...

Basa alor mono rail inn pri dan ou boyo. Kouyon dan nou langage creole nou advice ou pou bour un rakor delo seau dan ou boyo,sa ya tir sa ta kaka sec hey ya release nou mono rail.

Anonymous said...

Is Gary Tall a heroin addict?
He behaves like one!

Anonymous said...

Is Gary Tall a heroin addict?
He behaves like one!

Anonymous said...

Je vousdrai fair ta mere ejacule tout la nuit.
GT

Anonymous said...

Mari ou manman are on heroin fes ou manman.

Anonymous said...

Je deja ejaculer avec ta mere pou une papayne jeaune et une verre de guniess.

Anonymous said...

Francais vat tue tous les Francois.

Anonymous said...

Heroin adict is atheist Michel who is helping Khalifa to islamize Seychelles and create a new breeding safe haven for potential terrorists,and religious conflficts,therefore distability of the natural peace that exist in our land.new mosuqe is being built to brain-washed young seychellois Michel has deliberaely emprovished that they can be beomce easy target for new Jihadists.

Michel and his gang us be removed from power and all foreigners illegally present on our shores,and those who bought passports,land must leave.Michel seems to has been unoffically converted to Islam,we cannot let a fool camel destroyed our culture,traditions,ways of life to forcefully implememnt a primitive religion that has nothing to do here in our christian community.

Khafila must be asked to leave our land and stop interfering in our National politics.

Titon,

Taxi Driver Praslin

Anonymous said...

We have already told you if partilepep steal vote in 2016 we will use force to get them out.maybe partilepep wants a proof of our seriousness ,to make them beleive we are stoen hard serious.hence,we have dicided that in the end of 2014 or mid 2015 to send a clear sign of our seriousness to partileppe crimes namely by executing four partilepep members we had chosen..Dic Esparon for selling out our passport,Morgan for selling out our patrimony,Guy Adam for robbing SEPC and Gklenny Savy for robbing IDC.We will go for them in their office,at their home,in public places or use other means if necessary.

Your execution partilepep is planned,see you in 2016 and tell Khalfia to start laeraning to swiimm for he will be not an exception

Use voilence as menas to chase ouzt foriegners.mmake them leave partilepep criminal who sold them our passports,land fighting for survivla alone.

Anonymous said...

Fire machine guns on michel.donot be afraid of those big belly,lazy fatty bodyguards surrounding him they have no expeirence neither in war nor in facing an attack.The security procedure of Michel lapdogs is One stand and stick to a car with Ak 47 in it,the rest have revovlers,So when you decided to take care of Michel target with a rocket the guy and his car making the others without ak 47 to fight back,with revolover facing heavy machine guns they will run in each other arses.

Remeber,there is a lapdog who always stick to a car ,in it isd Ka 47 ,get started by nutralizing the car with rocket,Once that is done Michel other lapdogs will be vulnerable.They won't not be able to face heacvy machineguns by revolvers.And opne more thing never feel emotional when dealing with paRTILEPEP CRIMIES.JUST EXECUTE iF IN CASE pARTILEPEP LAPDOGS INSIST LEAVE THEM GO FOR THEIR WIVES AND CHILDREN AT THEIR HOMES.mAKE THEM PAY FOR THE A<TROCITY OF THEIR HUSBNAND.tHEN MANY WHO WANTED TO KILL IN THE NAME OF PARTILEPEP WHEN THEY SEE WHAT WOULD HAPPEN TO THEIR FAMILY WOULD EITHER CHANGE SIDE OR DISERTTED.oR EVEN TURN AGAINST mICHEL.

wHEN YOU DECIDED TO CONDUCT STREETS PROTESST MAKE SURE YOU SEND GROUPS OF PROTESTRES AT EACH POLICE STATION THAT EXIST IN THE COUNTRY,KEEP THEM BUSY IN BY IN THEIR POLICE STATION AND WHICH WOULD AVOID mICHEL SENDING THEM TO BUTCHER SEYCHELLOIS ELSEWHERE.aS OT gURKAS YOU DO NOT HAVE TO THINK---USE ANY MEANS TO ILLIMUNATE THME,THEY< ARE MERCENEARIES NOT SEYCHELLOIS AND THEIR PRESNET IN OUR LAND AS IN OUR POLICE OFRCES ARE ILLEGAL.tHEY ARE PAID KILLERS BEING DISGUISE A POLICEMEN ON STANDBY TO PROTECT kHALFIA NAD MICHEL.

yOU KNOW ALSO WHERE mICHEL'S DUAGHTER GOES TO SCHOOL AND THOSE OF PARTILEPPE MINISTERS GO FOR THEM AT THOSE SCHOOL,THERE WOULD BE A FEW LPADOGS PATROLING OUTSIDE---SHOT THEM DOWN COLD BLLODED IF YOU ARE CHALLENGED --THEY ARE STATE PAID KILLERS.

iF kHALFIA INTERVENE DO NOT HESISTATE TO ROCKET HIS PALNE DOWN AT THE aIRPORT.

PARTILEPEP AND ITS FOREIGNER ARMY MUST BE DEALT WITH HARDLY.tAKE YOUR COUNTRY BACK NOW

Anonymous said...

Let me ejaculate with jeanne dark all nigjt long on the tropics.

Anonymous said...

Is your rubber doll still on repair?

MICROBIOME :) :) :)