The High Court has dismissed an application by the Office of National Drug and Money Laundering Control Policy (ONDCP) to forfeit more than EC$172,000 seized from bodybuilder Kenroy Christian, after ruling that the agency failed to produce admissible evidence to support its case.
According to Antigua News Room, Justice Rene Williams delivered the ruling on June 16, finding that the ONDCP had not proven that the EC$172,736.65 was derived from criminal conduct or intended for unlawful use, as required under anti-money laundering legislation.
The funds were seized nearly four years ago, and the ONDCP subsequently applied to have them permanently forfeited to the state.
The court found, however, that the agency had failed to comply with prior case management orders directing it to file witness statements and disclose evidence ahead of trial. That failure left the ONDCP without admissible evidence to substantiate its allegations.
Justice Williams ruled that the court could not rely solely on assertions contained in pleadings and submissions. The burden remained on the ONDCP to establish its case through proper evidence.
With neither witness testimony nor documentary evidence before the court, the judge concluded that the agency had failed to meet the required legal standard and dismissed the forfeiture application.
The ruling means the ONDCP's bid to permanently confiscate the funds has been unsuccessful.
