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Jailed drug dealer to lose BMW, Rolex watch and cash

Allan Daniels (pictured in a file photo) has been ordered by a judge to hand over almost $63,000 in profits from his drug dealing.

A drug trafficker has been ordered to forfeit $62,357 in profits from his crimes to the Government, including his BMW car and Rolex watch.

Allan Daniels was convicted three years ago of possessing cocaine and cannabis worth almost $73,000. He is currently serving 12 years behind bars for that, plus firearms offences.

After an investigation of his financial affairs under the Proceeds of Crime Act, Puisne Judge Ian Kawaley ruled yesterday that he must hand over assets deemed to be the profits from his drug peddling.

These comprise of a Rolex watch worth $23,000, a BMW car worth $33,730 and large amounts of cash found by the Police.

Daniels, 29, greeted the news by raising his hands in the air and remarking to Mr. Justice Kawaley: "You're the judge. If I have to give it up then hey, what can I do?"

During yesterday's hearing, Senior Crown Counsel Paula Tyndale told the judge: "The defendant has been very cagey in his dealings with the Police in respect of his assets".

She explained that other valuable items were found during the Police investigation, but it was impossible to establish whether they belonged to him or to his mother, with whom he lived. They were therefore excluded from the confiscation order.

Ms Tyndale told the court the BMW is registered in Daniels' name and action will be pursued against whoever is currently in possession of it. The cash seized is automatically surrendered by the order and Daniels must decide whether he wishes to buy back the watch or let it go to auction.

Quizzed by the judge about what he will do, Daniels - who was unrepresented after dismissing his lawyer Charles Richardson hours before the hearing - replied: "I've no say in what goes on. I'm up Westgate prison. I can't pay, I don't have the money. I don't know what I'm going to do."

The cash resulting from the order will go to the Confiscated Assets Fund, which is managed by the National Anti-Money Laundering Committee.

The Minister of Finance may, after consulting the committee, authorise payments to be made out of the fund for purposes including the investigation of drug trafficking and money laundering, the treatment of drug addicts and drug education.

Yesterday's hearing was the culmination of a tangled legal history involving Daniels.

He originally went on trial at the Supreme Court in 2005, accused of attempting to shoot Police officer Warren Bundy at point blank range after the officer pursued him over a suspected drug deal in Court Street, Pembroke, in 2004.

The gun did not go off, but a magazine found after the incident contained four live rounds. When Daniels was arrested and searched, cocaine with a street value of $68,100 and cannabis valued at $4,825 were found on his person and in his home and car.

He pleaded guilty to possession of a firearm on the first day of his trial.

Jurors subsequently heard how Daniels was quizzed by the Police after his arrest about his lavish lifestyle, including the purchase of the BMW for $50,000 and the Rolex for $23,000 when he was working as a $700-per-week trucker.

The jury eventually acquitted him of attempting to murder Det. Con. Bundy. It convicted him of possessing the ammunition and the drugs with intent to supply, but failed to reach a verdict on using a firearm with intent to resist arrest.

Daniels was jailed for ten years.

The Court of Appeal later quashed the firearms convictions due to faulty legal decisions during the trial but he was convicted of all of them after a re-trial last year and jailed for 12 years.

That sentence is running concurrently with the ten-year term for the drug trafficking.

If Daniels fails to comply with yesterday's confiscation order, he could also face an additional year in jail for every $10,000 that remains unpaid.