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Disposal of alleged proceeds of crime reassessed after court identifies fresh evidence
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The Supreme Court has determined that fresh evidence presented by the respondents in a proceeds of crime case warrants a reevaluation of the High Court's decision to make a final order for the disposal of assets deemed to be the proceeds of crime. The original decision, which refused the respondents the opportunity to cross-examine deponents from the Criminal Assets Bureau, was found to have potentially overlooked new material evidence. The case, previously upheld by the Court of Appeal, will now return to the High Court for a focused hearing on the new evidence, with the burden on the respondents to demonstrate that the assets in question did not originate from criminal activity.
Proceeds of Crime Act 1996, Supreme Court, High Court, fresh evidence, disposal order, cross-examination, Criminal Assets Bureau, assets, proceeds of crime, burden of proof, injustice, reevaluation, final order, respondents, new material evidence, re-litigation, legal procedures, affidavit evidence, Rules of the Superior Courts (RSC), generality specialibus non derogant (the general does not derogate from the specific).
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
