A decision is to be made next week on an application by the Chambers of the Director of Public Prosecutions (DPP) to forfeit the sum of $9 million that was allegedly seized from convicted drug trafficker Barry Dataram and his brother, Troy Dataram.
The $9 million was seized by Customs Anti-Narcotics Unit officials during a search conducted on the home of Troy Dataram on February 18, 2016.
Last month, Magistrate Latchman ruled that her court does have jurisdiction to hear the matter since the court dealt with the criminal matter in relation to the narcotics possession and not the High Court.
This ruling came after attorney Glenn Hanoman, who represents both Datarams, stated that the Magistrate’s Court had no power to forfeit funds and that the matter should be before the High Court. He had stated that the said case was before the High Court in a civil matter involving the Special Organised Crime Unit over its continued possession of the seized currency.
It was subsequent to Latchman’s ruling that Hanoman stated that he would have to engage the High Court on whether the Magistrate’s Court has jurisdiction. This, however, was not done. The matter was recalled yesterday, when the court heard arguments on the issue of why the DPP was pursuing the matter before the Magistrate’s Court under the Anti-Money Laundering and Countering the Financing of Terrorism Act instead of under the Narcotic Drugs and Psychotropic Substances (Control) Act.
According to the DPP representative who was present, she was following the advice of her superiors.
After hearing the arguments, Magis-trate Latchman adjourned the matter to February 20 for a ruling on how the court will proceed.
