Lautoka High Court rules forfeiture of residential property

The Lautoka High Court has today ruled the forfeiture of 6 vehicles and a residential property in Nadi under the proceeds of Crime Act 2004.

This comes after the DPP's office made an application on 27th of May this year for the civil forfeiture and other properties owned by a former accounts clerk Anand Kumar of Nadi who is under police investigation for alleged fraud which involves close to $481,134.

The application from the DPP's office arises from a criminal investigation involving alleged offences committed in 2006, 2007 and 2008 at Turtle Island Resort.

An affidavit by the Criminal Investigations Department and the Anti-Money Laundering and Proceeds of Crime Unit stated that 84 company cheques belonging to the resort were allegedly forged and paid into bank accounts of six people including relatives of the first defendant in the case.

In his judgment, Justice Madigan gave orders that the 6 vehicles being held by police in Lautoka, are to be sold by Police, as agents of the Attorney General for fair market value and the proceeds of sale deposited in the consolidated fund account as proceeds of crime.

The Judge also stated that after relevant appeal period, the Nadi property is to be sold by the Attorney General or his agent and the proceeds deposited into the Consolidated Fund Account.

This application was made by the DPP's office under the Proceeds of Crime Act 2004, which allowed for non conviction based forfeiture orders if property is found to be tainted or have been acquired by illegal means.
 

Story by: Shalvin Deo