Attempts to seize up to $2 million in assets from a major Bermuda drug importer were plunged into jeopardy after a mistake by prosecutors.

Serious questions have been asked at the top of the Department of Public Prosecutions (DPP) amid fears that the civil case against cannabis importer Kirk Roberts could have been thrown out of court because of the error.

Champion powerboat racer Roberts was jailed for ten years in 2002 for conspiracy to import 200 pounds of cannabis into Bermuda, worth an estimated $1.9 million.

Immediately after the verdict in one of the Island?s biggest drug trials, prosecutors confirmed they planned to probe Roberts? finances. They said they would look at the purchase or sale of land, property, boats and vehicles and check for possible links to cash made through crime.

That process, however, could not start until a series of unsuccessful appeals lodged by Roberts had been heard by higher courts.

Under the Proceeds of Crime Act, prosecutors had three months after the last appeal in December 2003 to London?s Privy Council to bring the matter before the courts in Bermuda, or request an adjournment.

But that deadline was missed, and it is understood an adjournment was not called for until August 2004.

A judge yesterday ruled that the confiscation application could proceed, despite the error.

But sources close to the case now say questions have been raised in the DPP about how this could have happened ? and why it apparently took two years for a potentially damaging mistake to come to light in such an important case.

The civil case against Roberts was listed for a three-day hearing starting this Monday, and understands that the procedural error only came to light at DPP offices at the end of last week when papers were transferred to a new team of lawyers.

Senior Crown counsel Paula Tyndale told the court on Monday that the Crown?s asset seizure application against Roberts appeared to be out of time. She said Attorney General Larry Mussenden had been alerted to the problem and he had asked the DPP to examine possible legal ways of kick-starting proceedings. Ms Tyndale asked for the case to be adjourned until yesterday, giving prosecutors time to pour over previous relevant court rulings.

After hearing arguments from the DPP yesterday, Puisne Judge Ian Kawaley said the application could continue. Ms Tyndale had said the public interest in the case continuing overrode ?procedural irregularities?, which she said were not serious enough to impact on Roberts? legal rights.

Kamal Durrant, for Roberts, asked for the right to comment on the procedural errors if the case reached a higher court.

Officers in the Bermuda Police financial fraud department have already carried out a detailed investigation into Roberts? finances. And a source said: ?The Police are not at fault here. They were ready to go.?

It is understood prosecutors will try and claim $2.1 million off Roberts, although $1.6 million is said to be a more realistic sum.

Boatyard worker Roberts, formerly of West Side Road, Sandys, was jailed after his trial judge said he played a central role in a complex conspiracy to have illegal drugs brought into Bermuda. Co-accused Alphonso Holder was also found guilty of conspiracy and jailed for four years.

During the trial, it emerged that Roberts hired a German sailboat owner to bring marijuana to the Island in early 2000. The German testified that he sailed the Carribbean with Bermudian Winston Robinson in search of the drugs for almost a year. In 2002, Robinson was arrested in St. Maarten on a boat with 10,000 pounds of cannabis. He was later convicted of possession and deported.

The Bermuda trial heard how Roberts had supported the men in 2000 with cash transfers until a buyer was established in St. Vincent. Roberts was finally brought to justice after the boat owner went to overseas authorities voluntarily.

In July 2004, Roberts was convicted of handling cannabis with intent to supply. That came after Police went to a construction area on his property in 2000 and found a large block of cannabis in a hole on the site. Weighing 936 grams, it had a street value of nearly $50,000.

In April 2004, Roberts? wife, Geralyn, told she did not understand how assets could be seized when there was no evidence anybody had gained. The case against Roberts was adjourned yesterday and is due to resume tomorrow.