Accounts frozen as State appeals dismissal of 'explain your wealth' order

THE accounts of a St Helena couple remain frozen as the State challenges a decision of the High Court to throw out an application by the police which called on the couple to explain their wealth.

An expedited hearing is set for Friday in the chamber court of the Court of Appeal. At a previous hearing, the appellate court stayed the judge's order and froze the accounts of the couple until the matter is determined.

Justice Carla Brown-Antoine had granted police an order under the explain your wealth legislation which was introduced in April 2019 by Attorney General Faris Al-Rawi.

When the order was granted ex-parte in December 2019, the couple were to each file a declaration under sections 58(1) and 61(1) of the Civil Asset Recovery and Management and Unexplained Wealth Act within 28 days. It was the first matter brought to the court after the legislation became law.

After considering an application by the couple’s attorneys to set aside her previous order, the judge upheld the submissions, on the basis that the evidence provided did not satisfy section 58(1) of the act, and discharged the order on August 21.

The State filed an appeal, asking for an expedited hearing. In its notice of appeal, attorneys for the State admitted it was unable to provide full details of the finding of fact and law of the judge, since she delivered a brief oral decision.

However, the State appealed the decision in the public’s interest because of the widespread impact the decision would have on proceedings filed under the act. The State contends that the judge did not correctly interpret the provisions of the legislation, in particular its retrospective application.

Both matters are under the seal of the court and therefore there are reporting restrictions in relation to them.

Representing the couple are attorneys Jagdeo Singh, Kiel Taklalsingh and Karina Singh. Senior Counsel Fyard Hosein and Gilbert Peterson lead attorneys Ravi Rajkumar, Amirah Rahaman and Tiffany Ali for the State.