When someone commits a criminal offence they must be prosecuted. Of course, if the prosecution service believes that there isn't enough evidence to convict then professional ethics should dictate that they don't initiate a criminal prosecution.
But if the evidence is there, then the prosecution service must do its job.
There has been a lot of talk about a porn video starring a Member of the National Assembly ("MNA") that has been circulated. The police force is known to have arrested certain individuals who allegedly circulated the video. Rightly so, as the law makes it an offence to distribute "any indecent material". Check out section 152(1) of the Penal Code of Seychelles Act.
While you're checking out section 152, look at section 152(1)(c), which states that: -
A person who "...deals in indecent material or carries on or takes part in any business concerned with making, producing, hiring, distribution to the public, export, import, public exhibition or circulation of any indecent material..." is guilty of an offence.
Many members of the public have stated that the MNA should resign from his position in parliament. The more interesting view is why hasn't the Attorney General's Office, who is known to have possession of the video, for professional purposes only, of course, launched a criminal prosecution yet?
Yes, this is Seychelles, where there is supposed to be the rule of law as provided for by the Constitution, but where there exists an unspoken rule of immunity for those who are more equal than others. But watch out, there is no limitation period on when a criminal prosecution may be initiated.
The Robing Room is the official blog of the Seychelles Legal Environment Website (http://www.seychelleslegal.net).