Residents of De Veldt and Gateroy in the Berbice River are questioning the police force’s authority to seize the assets of individuals, when they were not caught in any illegal activities or charged with crimes.
“We would like to know why the police seize the motor engines and how could they do that,” residents of the communities asked yesterday, following Saturday’s seizure of several engines and two boats. The police on Sunday said they arrested a suspected drug dealer and seized two speedboats, 12 Yamaha outboard engines and other articles as they continued their drug eradication exercises in the Berbice River.
However, this newspaper has been reliably informed that that person who was arrested by the lawmen is not from the area and in fact was just visiting a relative. The young man does not own any of the engines seized by the police and has no properties in the area. “He is not involve in any illegal and owns nothing in this area,” residents told Stabroek News.
Commander Stephen Merai had told the media on Sunday that the two speedboats fitted with 200 horsepower (HP) engines along with some smaller engines were found at the home of the suspected drug dealer at De Veldt.
Up to last evening, the suspect was still in custody and police were said to be seeking advice from the Director of Public Prosecutions (DPP).
According to Merai, searches were conducted at the suspect’s home as well as the homes of other residents and they were found to be “well equipped.” Among the other items found were a Stihl motor-blower, a measuring scale and three power jacks.
Some of the other engines, which ranged from eight to 200 HP, were fitted on boats that were found moored in front of residents’ homes at De Veldt, Sand Hills, Tataballi and Gateroy, 55 to 80 miles up the river. Many of the smaller boats were left behind because police could not transport them all.
The raids, which started three weeks ago, were conducted based on “intelligence” gathered and were part of an exercise to “cut down the drug trade,” according to Merai. During the operations, several marijuana fields were destroyed along with about 30 to 40 pounds of compressed marijuana. Information received revealed that the articles belonged to the owners of the fields. The commander said they have decided to “switch gears and go after the assets… which are the proceeds of the drug trade.”
However, residents are questioning the intelligence of the police, since no one was caught in the fields they destroyed and as such ownership was not established. “How could the police know who owns those fields? How they know persons purchased their engines and boats with drug money?” a resident questioned.
Another section of the media quoted Merai as saying: “The new legislation, in relation to the money laundering act, will be tested through this raid. These people cannot purchase engines and boats by planting corn and cassava. They have to prove ownership and they will also have to prove where they got the money from, I expected legal challenges and we are prepared for it.” Stabroek News was told that many of the persons attempted to prove ownership of the engines but were told by the lawmen that they did not wish to see any documentation.
Reports are that many of the persons were assisted in purchasing their engines and other items by relatives overseas, while others purchased items on hire-purchase. Residents said it would be difficult for them to produce money transfer documents, but questioned why should be forced to do so when they were not caught doing anything illegal. While the police say the boats are used to traffic in narcotics, some residents are claiming that relatives overseas assisted them in purchasing the engines to make it easier for them to transport their farming produce to New Amsterdam. Some also said it makes life easier as they as they no longer have the weary task of paddling for hours to reach their destination.
What the law says
According to the Anti-Money Laundering Act, before any asset could be seized it is the DPP who must apply to a court of law for a restraining order against any realisable property held by an accused person. Among other things, the DPP in the ex-parte application must submit in writing is an accompanying affidavit stating where the accused has been convicted of a serious office, the serious offence for which the accused was convicted, the date of the conviction, the court before which the conviction was obtained and whether an appeal has been lodged against the conviction.
Where the person is not convicted of a serious offence but was charged, is about to be charged, or is being investigated, the DPP must provide the grounds for believing that the defendant committed the offence.
The DPP also must provide the grounds for the belief that the property is tainted property, in relation to the offence and the grounds for the belief that the accused person derived a benefit directly or indirectly from the commission of the offence.
Once satisfied, the court could then make an order prohibiting the defendant from disposing of the property or direct the Registrar of Deeds, Public Trustee, Official Receiver, a receiver or such other person as the court may appoint to take custody of the property or such party of it as is specified with all or any part of the property, in accordance with the directions of the court.
As regards the De Veldt seizures, none of the owners of the engines or the boats have been arrested or charged with any offence and they were not even at home at the time of the raids.
In two cases, the wives of the owners attempted to produce the receipts for the engines but were told by the police that they [the police] did not wish to see the receipts. “They say don’t worry with duh and how them don’t want see no receipts,” the residents said.
Some residents were also upset over the fact that two Gateroy residents were taken out of their paddle boats about two weeks ago by the police, who then took them to Sand Hills where they were forced to cut down ganja plants in a field.
Stabroek News was told that the men were paddling to their home when the police stopped them and forced them out of their boat, which was then tied to a tree on the river bank.
They were taken to Sand Hills, a few miles away from their home. Reports are the men were not into anything illegal and as such did not hide when the police entered the area but they became afraid when they were taken to the fields, as they thought that they could be framed.
Residents are not denying that persons are involved in planting the illegal plant in the area.
However, they said the police first have to arrest those persons and charge them with the offence before arbitrarily seizing anyone’s assets.
