Govt idea of seizing ill-gotten assets attracts cautious welcome from OBA
The newly-launched Opposition has offered cautious support for Government proposals that could see drug dealers and gun-runners stripped of their ill-gotten gains.National Security Minister Wayne Perinchief announced on Friday that he wants suspected criminals to lose their cars, boats and bling even when there’s not enough evidence to prosecute them.His proposed amendments to the Proceeds of Crime Act would allow civil action against the alleged crooks where lawyers can prove “on the balance of probabilities” that such possessions result from a criminal lifestyle.That standard of proof is lower than the criminal standard of “beyond reasonable doubt,” and the onus would be on the accused to prove the goods are not ill-gotten gains. They could even be forced to hand over cash.Previously, prosecutors could only seek to confiscate assets from criminals once they’d been convicted of a criminal offence.The Minister told The Royal Gazette on Friday: “In many cases, people who are fuelling or financing criminal activity may not actually ever touch or deal with drugs or contraband. They just finance it.”Michael Dunkley, Shadow Minister of National Security with the One Bermuda Alliance, commented this weekend: “It is our belief that there will be broad support for the concept as we are all very aware that we have serious challenges to face with the use and abuse of drugs and the recent drastic increase in gun violence.“We must do all we can to stop the rot.“This is an interesting concept and obviously the devil will be in the detail. It is difficult to give anything other than a general comment at this time as we have not seen the actual amendments, and as my colleagues who are lawyers remind me from time to time, legislative drafters are not perfect and the actual wording sometimes does not reflect what is intended.”Sen Dunkley added: “Legislation similar to what the Minister has proposed in his statement last Friday is in effect in other jurisdictions so there is ample precedent for us to review and make sure we get it right. Clearly it is possible there will be all sorts of constitutional issues arising and we must make sure the right balance is struck between protecting the community and one’s individual rights.”He suggested Government should allow the OBA and stakeholders such as the Bar Association the opportunity to review the draft legislation before it’s debated in Parliament so they can offer their expertise and knowledge.