Adjudicating and Penalizing Maritime Crime – Justice Anthony Fernando, Seychelles Court of Appeal
Channel: Africa Center for Strategic Studies
Date: 2018-05-01

CHAPTERS

3:38 - Overview: Piracy in the Seychelles
4:43 - Law of Piracy (prior to March 2010)
6:17 - Issue of Jurisdiction (prior to March 2010)
10:07 - Territory of the Seychelles
12:03 - Penal Code (Amendment Act) 2 of 2010
12:48 - Definition of Piracy
23:03 - Mens Rea of the Offence of Piracy
25:00 - Attempt to Commit Act of Piracy
31:31 - Joint Enterprise Liability 
38:00 - Secondary Party Liability
38:51 - Voluntary Participation
39:41 - Presumption of Piracy
42:38 - Sentencing
43:19 - Factual and Legal Issues in Piracy Cases
45:13 - Characteristics and Common Trends
46:06 - Evidence
48:34 - Compliance with Constitutional Provisions
50:29 - Concluding Remarks

SLIDES

Follow along with his slides here: https://africacenter.org/wp-content/uploads/2018/03/Piracy-Prosecutions_Fernando-ENG.pdf

SUMMARY

Justice Anthony Fernando of the Seychelles Court of Appeal offers a comprehensive examination of the process of adjudicating and penalizing maritime crimes, especially piracy. He addresses issues of legal definition, intention, liability, evidence, and sentencing, as well as looking at common characteristics and trends in maritime crime and piracy.

The Seychelles, a 115-island archipelago in the Indian Ocean, has been at the vanguard of protecting the maritime domain and prosecuting maritime crimes, not only in its territorial waters, but along much of Africa’s east coast.

Since 2010, when the first trial of 11 pirates was staged in Victoria, the Seychelles has mounted 66 trials and processed a total of 142 pirates.

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