Financial Intelligence Unit v Sentry Global Securities Ltd & Ors (SCA 21 of 2011)
Financial Intelligence Unit v Sentry Global Securities Ltd & Ors (SCA 21 of 2011) [2012] SCCA 27 (7 December 2012)
The Court of Appeal held that the Chief Justice erred in law by requiring a higher evidential threshold than that set by POCCCA. The Act only requires reasonable grounds for the belief of the designated officer that the property is the proceeds of crime, not the best evidence or proof of a predicate offence. As the respondents did not contest the application and the FIU's affidavit set out uncontested grounds for belief, the statutory threshold was met and the interlocutory order should be granted.
Source excerpt
- Interlocutory orders
- Evidential threshold
- Reverse burden of proof
- Appointment of receiver