In re O'Brien v [2003] JRC 001 (07 January 2003)

In re O'Brien v [2003] JRC 001 (07 January 2003)

The Court has discretion to vary a saisie judiciaire but there should be no automatic expectation that legal expenses or living allowance will be paid from seized assets. Payment of legal fees from tainted assets is not permitted; legal representation is assured by the tour de rôle system. The application for legal fees, monthly allowance, and optical treatment is refused. Travel expenses necessary for attending court are allowed.

Citation
[2003] JRC 001
Parties
Defendant: Michael O'Brien; Respondent: Attorney General
Jurisdiction
Jersey
Judgment Date
07 January 2003
Procedural Posture
Application for Variation of Saisie Judiciaire / Post Conviction, Pre Sentencing
Outcome
application granted in part, refused in part
Legal Topics
Drug Trafficking, Confiscation Orders, Saisie Judiciaire, Variation of Restraint Orders, Legal Expenses, Living Allowance
Criminal Law Asset Forfeiture Drug Trafficking Confiscation Orders Saisie Judiciaire Variation of Restraint Orders Legal Expenses Living Allowance

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Parties

Michael O'Brien

Defendant

Attorney General

Respondent

Procedural Posture

Application for Variation of Saisie Judiciaire / Post Conviction, Pre Sentencing

Legal Issues

  1. 1 Whether the saisie judiciaire should be varied to permit payment of legal fees, living allowance, travel expenses, and optical treatment from seized assets
  2. 2 Whether English law analogies (Mareva injunction, restraint orders) apply in Jersey
  3. 3 Whether tainted assets may be used for legal expenses

Ratio Decidendi

The Court has discretion to vary a saisie judiciaire but there should be no automatic expectation that legal expenses or living allowance will be paid from seized assets. Payment of legal fees from tainted assets is not permitted; legal representation is assured by the tour de rôle system. The application for legal fees, monthly allowance, and optical treatment is refused. Travel expenses necessary for attending court are allowed.

Court Disposition

application granted in part, refused in part

Orders

  • Viscount authorised to release balance of travel expenses claimed for attendance at hearings.
  • Viscount authorised to release further funds for travel and related expenses as needed for trial attendance.