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Privy Council Hears Appeal Case of A.G Office

The Judicial Committee of the Privy Council heard a special case yesterday during its second day of a five-day visit.

The case of the appellant, the Attorney General’s (A.G) office versus  the respondents Samuel ‘Ninety’ Knowles and A1 car rentals limited, sat before the five Privy Council Judges, Lords Mance, Kerr, Reed, Sumption and Hughes heard the case of a confiscation order.

Before the five privy council judges Attorney Knox for the crown presented the issue of whether the Bahamian Proceeds of Crime Act (POCA) requires a formal application to the A.G by a foreign state, before the A.G applies to the Supreme Court to register an external confiscation order made in the foreign state

Knowles, a drug dealer, was convicted in the United States (U.S) in March of 2008 after being indicted along with others in 2000 and was sentenced to 420 months in prison. On the same day, an application of confiscation order was made against him there.

The AG, with the support of a U.S federal prosecutor, sought to have the confiscation order registered in The Bahamas under POCA in order to enforce the order there. The Supreme Court registered the Order. However, Justice Lance in the Court of Appeal overturned the registration in February of 2002 on the bases that one, a procedure set out in subsidiary legislation had not been followed, and two, that Mr. Knowles’ family members and A-1 had not had an opportunity to defend the U.S proceedings.

Attorney Damian Gomez and Krisspin Sands appeared for the respondents while attorneys Knoxx, Brathwaite, and Sweeting appeared for the crown.

Written by Jones Bahamas

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