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Court gives convicted drug dealer more time to prove assets were not criminally obtained

Efforts to seize property believed to be the proceeds of Kirk Roberts? drug dealing stalled yesterday when Chief Justice Richard Ground gave the convicted drug smuggler another month to prove that the assets were legitimately acquired.

Roberts, who was unrepresented, told the court that he had already responded to the allegations a day before an earlier deadline expired.

But, by Roberts? own accounting, the papers were not properly filed to the court and served on the Director of Public Prosecutions.

Roberts said his mother had delivered the documents to Justice Charles-Etta Simmons and he thought the matter was over with.

Crown prosecutor Graveney Bannister said he was unaware of any papers served on the DPP?s office by Roberts.

Mr. Justice Ground told Roberts that the papers should have been filed with the Supreme Court Registry.

?If Ms Simmons doesn?t have these papers, that would be your problem ? not ours,? Mr. Justice Ground said.

Roberts told the court that he was a beneficiary of a trust set up by lawyer Christine Hoskins for his parents and asked the court to clarify whether he was expected to prove the origins of the trust.

But Mr. Bannister said that the trust was exactly what the Crown was after.

?What we are trying to say is that all these properties were obtained through drug dealing,? Mr. Bannister said.

?His counsel should have advised him as to third party rights. I cannot advise him. I appear for the Crown.?

But after further discussion, DPP consultant Kulandra Ratneser said that the Crown had no objection to giving Roberts an extra 14 days to refile his papers.

Roberts? filing should respond to the details of an affidavit filed by the Police officer looking into his financial affairs, Mr. Justice Ground warned.

?If you don?t address specific items I will assume they are true,? he said.

?You need to put before the courts everything you?ve got to show that this property was derived legitimately. So if you inherited it, produce the will. If it was produced with money generated legitimately, produce something that will show that.?

Roberts continued to ask what additional information the court would need from him, especially since the trust was set up by his parents.

The Crown believes that the trust was created for the purposes of laundering money generated by drug trafficking, explained Mr. Ratneser.

?The question of whether or not this is a genuine trust or whether it was created for the purposes of money laundering is an issue for these proceedings,? Mr. Justice Ground said.

?So I?ll need to show how they bought the house?? Roberts asked.

?You?ll need whatever you?ve got to show that it?s honest and legitimate,? was the reply.

Roberts then asked for additional time beyond the two weeks extension to produce the papers. Mr. Ratneser rose to say he had no objection to extending the time further and Roberts was given a total of 28 days ?to file whatever you want to file in response to the Dyer (Police) affidavit.?

The properties in question are valued at about $3 million and includes two houses and proceeds of a trust account.

Yesterday?s hearing was in fact due to a court scheduling mix up ? the hearing was scheduled for today, but since Roberts had been brought to the court from prison, and it was determined that no judge would be available to hear the matter today, the Chief Justice decided the matter should go ahead.

Roberts, a 42-year-old boatyard worker, was convicted of drug smuggling and handed a ten-year prison sentence in 2002 for his part in a conspiracy to import 200 pounds of marijuana.

It was his first criminal conviction, although both his parents, Barbara and William Roberts, were convicted of possession, handling and possession with intent to supply of 30 pounds of cocaine in 1997.

They both received 12-year sentences and have both since been released after doing one third of their time.

Roberts is due for parole in November next year.