Chief Justice Anthony Smellie has adjourned the Crown’s application for a confiscation order against Patrick Tibbetts, the man found guilty in the Cash4Titles trial.
Tibbetts was found guilty after a jury trial of assisting two key Cash4Titles figures to retain the proceeds of criminal conduct (Caymanian Compass, 4 February, 1 March).
He was sentenced to three years imprisonment, but allowed to remain on bail because of an allegation of jury bias. The appeal of his conviction, on this and other grounds, is scheduled to be heard in November.
At the time of Tibbetts’ sentencing, the Crown indicated an intention to apply for confiscation of his assets. The one property mentioned was his share in Fidel Murphy’s Irish Pub and Restaurant. The valuation of the property was in issue.
As Acting Solicitor General Cheryll Richards summarised on Tuesday, the Proceeds of Criminal Conduct Law sets a time limit for confiscation orders to be made unless there are exceptional circumstances.
Defence Attorney Simon Dickson applied for the adjournment, suggesting that confiscation not be pursued until after the appeal is heard.
The Chief Justice agreed to adjourn the matter until the determination of the appeal, at which time the matter is to be listed for a final date.
He also directed that the Crown be given a set of all accounting records kept in the ordinary course of the business. Mr. Dickson agreed this could be done by the first working Monday in September.
Mr. Dickson also applied to have one of his client’s bail conditions varied. He submitted that it was onerous for Tibbetts to have to report to the police station between 5-7pm three times per week.
He pointed out that Tibbetts has been on bail since 1999 and had behaved impeccably. If he left the jurisdiction, his appeal would fail, his family would lose their land, his friends would lose the money that had put up for his bond.
He was looking at a three year sentence, but if he fled he would have to spend his life as a fugitive.
The Chief Justice accepted these concerns. However, he indicated, he had to decide in favour of the public interest in securing Tibbetts’ presence for the finality of proceedings. He did offer to vary the reporting hours to a more convenient time. This was set for any time between 8.30am and noon.
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