[2019]DLCA6646 • May 16, 2019 • Court of Appeal
THE EXECUTIVE DIRECTOR ECONOMIC AND ORGANISED CRIME OFFICE AND THE EXECUTIVE SECRETARYNARCOTICS CONTROL BOARD vs. EDWARD MACAULEY EDWARD MACAULEY
AVRIL LOVELACE-JOHNSON (JA): This is an appeal against the rulings of the Financial Division 1 of the High Court dated 18th December 2015 and 26th February 2016. There seems to be some confusion as to whether what was delivered on 26th February 2016 was a judgment or a ruling but the court in question described it as a ruling so it will be described as such for the purposes of this appeal. The background to this case is that the 1st Appellant was convicted for a narcotic offence and sentenced to serve time on the 6th of April 2012 in the USA. The present proceedings have arisen as a result of an attempt to confiscate his properties believed to have been derived from proceeds of crime or as the Act puts it “property that is deemed to be tainted property”. The 2nd Appellant is the son of the 1st Appellant (and bears the same name as him) and also holds a power of attorney from the 1st Appellant to represent him in claims and litigation among several other purposes stated therein. ...