THE High Court has upheld efforts made by the state to confiscate a white Mercedes Benz convertible bearing the number plate PZZ 3304, which was seized during a drug bust in February 2021.

According to a release from the Attorney General’s Chambers, 3.156 kilograms of cannabis was found by agents of the Customs and Anti-Narcotics Unit (CANU) in the convertible driven by Troy Jacobs. The driver and another occupant were jointly charged for trafficking in narcotics, contrary to section 12 (3) of the Narcotic Drugs Act.

Subsequent to their arrest, the vehicle was detained by CANU officers pending hearing and determination of the charges against the occupants of the motor vehicle.

On November 22, 2021, however, Godfrey George Osborne, through his attorney-at-law Lester Caesar, filed a Fixed Date Application against the Attorney General (a representative of the state), the Commissioner of Police and CANU.

Through this order, Osbourne claimed to be the owner of the vehicle. And, he contended that he has no knowledge of, was not involved in, and was not in any way implicated in the drug “bust.” As such, he applied for the release of the vehicle.

In response, the state, represented by the Attorney General Anil Nandlall SC, Senior State Adviser Loretta Noel, State Counsel Yonika Roland, contended that the convertible had not yet been forfeited to the state.

As such, the respondents posited that the vehicle was being lawfully kept in custody by CANU, awaiting a ruling from a magistrate determining whether the vehicle is liable for forfeiture under the Narcotic Drugs Act upon conviction.

Therefore, the state argued, the application was premature, unwarranted, and an abuse of process.

Justice Jo-Ann Barlow who heard the case, accepted these arguments from the respondents and dismissed Osbourne’s application. She ordered that he pay $50,000 in costs to the Attorney General.

The court also found that Osbourne has not submitted any evidence that the said vehicle was forfeited and that the vehicle was lawfully seized by CANU and not forfeited.

It was also found that the vehicle’s seizure has not yet reached stage to deal with third-party rights and as such, that there is no basis for releasing the vehicle to Osbourne.

Meanwhile, the press release noted that the state will, with greater regularity, be invoking relevant provisions of the Narcotic Drugs and Psychotropic Substances Act and the Anti-Money Laundering Countering the Financing of Terrorism Act to pursue the forfeiture of assets implicated in drug-related offences, and assets believed to be acquired from proceeds of other organised crime.

Such assets include both moveable and immoveable properties.