Jersey court orders return of confiscated cash to ‘convicted’ drugs dealer

Monday 28 November 2016

A Canadian who pleaded guilty to trying to import cocaine, and whose profits were confiscated, is to get his money back.

Sarto Bethiaume admitted the drugs offences back in 2007 and the Canadian authorities contacted Jersey ordering the confiscation of more than US$100,000 from his account held at the Royal Bank of Canada (Channel Islands) Limited, in St Helier.

Five years on though, the Quebec Court of Appeal dropped the prosecution of 12 other people allegedly involved in drug offences because of an abuse of process by the Royal Canadian Mounted Police.

In the light of that, although Bethiaume had pleaded guilty, he successfully appealed and had his conviction quashed. He then demanded Jersey hand back his money.

The man had pleaded guilty to the offences, and by implication, had admitted the money was the proceeds of crime.

On one hand, if the Jersey authorities handed the money back they might be assisting in the laundering of drugs profits. On the other, the man had now been formally cleared, even though he’d originally admitted his guilt.

In coming to its decision Jersey’s Royal Court noted, “...it is not for this court to consider the merits of the defendant’s appeal to the Quebec Court of Appeal or the grounds upon which his conviction and the confiscation order were set aside. The fact is they have been set aside. There is no conviction and no confiscation order.”

And finally, “..we therefore conclude that, following the setting aside of the defendant’s conviction, the monies held in the COCF [the Criminal Offences Confiscation Fund] are not the proceeds of crime and that, out of comity, we should accede to the request of the Attorney General of Canada and order the Treasurer of the States to refund the same to the defendant.”