THE SCOTTISH MINISTERS v. RUSSELL STIRTON [2014] ScotSC 14 (28 January 2014)

THE SCOTTISH MINISTERS v. RUSSELL STIRTON [2014] ScotSC 14 (28 January 2014)

The sheriff found the evidence of the police officers regarding the handover of a package in the car park credible and preferred it over the defender's account. The explanations offered by the defender and his wife for the presence of the cash were found to be wholly incredible and unsupported by evidence. The circumstances, including the use of anti-surveillance techniques and the lack of a legitimate audit trail, were consistent with the cash being proceeds of or intended for use in drug dealing. The requirements for forfeiture under section 298 of the Proceeds of Crime Act 2002 were met.

Citation
[2014] ScotSC 14
Parties
Pursuer: The Scottish Ministers; Defender: Russell Stirton; Third Party Minuter: Alexander Anderson (deceased), interest represented by Peter Shirley (executor-nominate)
Jurisdiction
Scotland
Judgment Date
28 January 2014
Procedural Posture
Summary Application (civil Forfeiture) / Judgment After Proof (trial)
Outcome
Order for forfeiture granted in favour of the pursuers.
Legal Topics
Forfeiture of Cash, Proceeds of Crime Act 2002, Unlawful Conduct, Evidential Assessment, Surveillance Evidence
Criminal Law Civil Forfeiture Proceeds of Crime Forfeiture of Cash Proceeds of Crime Act 2002 Unlawful Conduct Evidential Assessment Surveillance Evidence

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Parties

The Scottish Ministers

Pursuer

Russell Stirton

Defender

Alexander Anderson (deceased), interest represented by Peter Shirley (executor-nominate)

Third Party Minuter

Procedural Posture

Summary Application (civil Forfeiture) / Judgment After Proof (trial)

Legal Issues

  1. 1 Whether the cash seized from the defender is recoverable property or intended for use in unlawful conduct under section 298(2) of the Proceeds of Crime Act 2002
  2. 2 Whether the explanations for possession of the cash are credible
  3. 3 Whether the requirements for forfeiture under the Proceeds of Crime Act 2002 are met

Ratio Decidendi

The sheriff found the evidence of the police officers regarding the handover of a package in the car park credible and preferred it over the defender's account. The explanations offered by the defender and his wife for the presence of the cash were found to be wholly incredible and unsupported by evidence. The circumstances, including the use of anti-surveillance techniques and the lack of a legitimate audit trail, were consistent with the cash being proceeds of or intended for use in drug dealing. The requirements for forfeiture under section 298 of the Proceeds of Crime Act 2002 were met.

Court Disposition

Order for forfeiture granted in favour of the pursuers.

Orders

  • Forfeiture of the sum of £58,700 Sterling together with any interest accrued thereon seized and detained by officers of the Scottish Crime and Drugs Enforcement Agency on 20 June 2008 and placed in an interest bearing account with Royal Bank of Scotland Plc, Charing Cross branch, Glasgow, account number 00132470.
  • Repels remaining pleas in law for the pursuers and all pleas in law for the defender in so far as not already dealt with.