24 Mar 2015
The Commissioner of Police v de Wys [2015] NZHC 540
- Citation
- [2015] NZHC 540
- Court
- High Court
On the totality of evidence the Commissioner failed to prove on the balance of probabilities that the respondents unlawfully benefited from significant criminal activity in the relevant period. Drug remnants and constituents found were small in quantity and not attributable to respondents; witness identification (O'Brien) was unreliable; financial analysis did not exclude plausible lawful sources (pre-2004 cash savings, timber/firewood/calf sales) and did not establish unexplained funds were proceeds of criminal activity. Therefore no assets or profit forfeiture orders could be made and the a…