Clarendon businessman Winston Pusey, who is contesting the seizure of US$53,000 (J$4.6 million) under the Proceeds of Crime Act, was recently successful in having the forfeiture order set aside so he can defend the matter in court.

An order was granted in the Corporate Area Resident Magistrate's Court in April last year for the money to be forfeited to the Crown under the Proceeds of Crime Act.

Pusey appealed as an interested party, contending that he was given insufficient notice to attend the hearing in the Resident Magistrate's Court.

Forfeiture order

The Court of Appeal, after hearing legal arguments from attorney-at-law Arlean Beckford, who is representing Pusey, set aside the forfeiture order and sent back the case for a hearing in the RM Court.

Police officers from the Narcotics Division had seized the money from Scereta Mahabeer-Barrett, who was about to board a flight to Panama on October 24, 2007. She told the police that the money belonged to Pusey, who had asked her to give it to one Carl 'Bobby' Brown in Panama. The money was to be used to purchase car parts.

After the money was seized, Pusey sought to claim it and was interviewed by Assistant Super-intendent Dean Bernard. The police referred the matter to the Financial Investigations Division. The Assets Recovery Agency served Pusey with a notice on April 24 last year for him to attend court four days later. Pusey did not attend the hearing and was not represented.

Short notice

Pusey appealed, contending that he was deprived of the opportunity to act effectively in full defence of his interests because of the short notice he was given for the hearing. The Court of Appeal upheld the legal arguments.

The Assets Recovery Agency was represented by attorney-at-law Nateline Robb-Cato.