Roberts never made money from criminal activity, lawyer claims
Attempts by prosecutors to seize up to $2 million in assets from a major Bermuda drug importer finally swung into action yesterday.
Nearly four years after he was convicted of conspiring to import cannabis worth an estimated $1.9 million into the country and after a series of legal delays, the civil case against Kirk Roberts officially started at Supreme Court.
The Department of Public Prosecutions (DPP) is looking to claim the substantial sum from Roberts under the Proceeds of Crime Act.
The champion powerboat racer was jailed for ten years in 2002 for conspiracy to import 200 pounds of cannabis into the Island.
DPP lawyers say Roberts benefited to the tune of about $2 million from drug trafficking.
But Roberts? defence lawyer Kamal Durrant yesterday disputed that and told the court that his client never made any money from criminal activity.
Senior crown counsel Paula Tyndale said the drugs Roberts was convicted of conspiring to import should be classed as an asset. ?We are not asking the court to assume that he has sold them,? said Ms Tyndale. ?They could still be secreted somewhere.?
She said there could be hidden assets that Roberts had not ?coughed up? to the Crown and said the purpose of the Proceeds of Crime Act was to deprive traffickers of ?ill-gotten gains?.
Ms Tyndale said that Roberts, speaking after his arrest following the 200 pound cannabis bust, told the German sailboat owner who later testified against him in court: ?It?s cool. I?ve not lost anything. You just need to keep calm for a while.?
After Roberts was convicted in 2002, officers from the financial fraud department of Bermuda Police launched a detailed probe into his finances and bank transactions.
The purchase or sale of land, property, boats and vehicles have been investigated and checked for possible links to cash made through crime.
Ms Tyndale also said the market value of Roberts? house, at West Side Lane, Sandys, and building work at the property should be taken into account before the judge rules how much Roberts should fork out.
Stoney-faced Roberts, still behind bars for the offences, appeared in court yesterday flanked by two prison guards.
The case was adjourned until Thursday when prosecutors are due to start outlining how much they think Roberts can pay.
Roberts? legal team will also make their arguments, before Puisne Judge Ian Kawaley decides how much the drug importer should be forced to pay.
Boatyard worker Roberts was jailed after his trial judge said he played a central role in a complex conspiracy in 2000 to have illegal drugs brought into Bermuda. Co-accused Alphonso Holder was also found guilty of conspiracy and jailed for four years.
In 2004, Roberts was convicted of handling cannabis with intent to supply after Police swooped on his property in 2000 and found a large block of cannabis in a hole at the site. It had a street value of nearly $50,000.revealed on Thursday how the civil case was plunged into jeopardy after a blunder by prosecutors. They missed a deadline in 2003 to bring the matter to court, but the judge ruled this week that the confiscation application could still continue.
