JOB FOLAYEMI DUROJAIYE (R on the application of) v THE CROWN COURT AT CROYDON

JOB FOLAYEMI DUROJAIYE (R on the application of) v THE CROWN COURT AT CROYDON

The omission of the claimant's solicitor's letter from the warrant application did not constitute material non-disclosure that could reasonably have led the judge to refuse the warrant. The claimant's cooperation was limited, and the complex financial circumstances justified suspicion. The application for judicial review is dismissed.

Parties
Claimant: Job Folayemi Durojaiye; Defendant: The Crown Court at Croydon; Interested Party: The Chief Constable of Kent Police
Jurisdiction
England and Wales
Judgment Date
06 July 2022
Procedural Posture
Judicial Review / Final Judgment
Outcome
Application for judicial review dismissed.
Legal Topics
Proceeds of Crime Act, Money Laundering, Duty of Candour, Search and Seizure Warrants, Disclosure Orders
Criminal Law Judicial Review Search and Seizure Proceeds of Crime Act Money Laundering Duty of Candour Search and Seizure Warrants Disclosure Orders

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Parties

Job Folayemi Durojaiye

Claimant

The Crown Court at Croydon

Defendant

The Chief Constable of Kent Police

Interested Party

Procedural Posture

Judicial Review / Final Judgment

Legal Issues

  1. 1 Whether there was material non-disclosure by the police in the application for a search and seizure warrant under POCA
  2. 2 Whether the omission of the claimant's solicitor's letter could have reasonably led the judge to refuse the warrant
  3. 3 Whether the police breached their duty of candour in the warrant application

Ratio Decidendi

The omission of the claimant's solicitor's letter from the warrant application did not constitute material non-disclosure that could reasonably have led the judge to refuse the warrant. The claimant's cooperation was limited, and the complex financial circumstances justified suspicion. The application for judicial review is dismissed.

Court Disposition

Application for judicial review dismissed.