Christopher Quinn was instructed to defend the Chief Constable of West Midlands in the matter of a contested Proceeds of Crime Act 2002 hearing related to the forfeiture of over £100,000 cash seized from the Respondent on 27th June 2019.
The Respondent claimed the cash had been derived legitimately and the day before the hearing presented HMRC evidence which attempted to legitimise the source of the cash. The Respondent’s defence Counsel, Mr Greany QC, raised the argument regarding the application of s.298(2)(a), whether the case is recoverable property or s.298(2)(b) regarding whether the cash is intended for the use in unlawful conduct. The defence relied upon the authority of Angus v UK Border Agency [2011] EWHC 461 (Admin) on this point. It was the Respondent’s position that the Applicant would be restricted to the first limb on basis of the content of DC Causier’s statement.
Mr Quinn countered this legal argument by highlighting to the Court the Respondent had raised this as an issue only on the morning of the hearing and referred to the evidence supporting the submission that the application was based on both limbs. He successfully argued that both limbs were open to the Applicant. He then cross-examined the Respondent with this in mind, showing the cash derived from or was intended for unlawful conduct.
As a result, the application was successful and the Court ordered forfeiture of the £100,000 cash and the Applicant’s costs. The District Judge commented that had the Respondent been successful in arguing the case was restricted to the first limb of s.298 POCA 2002, forfeiture would not have been ordered.