Court returns businessman’s money, no link to criminal activity found

A Chaguanas magistrate has dismissed the State's application to forfeit money seized from a businessman, citing a lack of evidence linking the funds to criminal activity.

On February 7, magistrate Marissa Gomez, presiding in the Chaguanas District Court, dismissed the case.

The State contended that in 2016, businessman Rakesh Sookoo was driving his car along Calcutta Road No 2 in Freeport when police stopped it. The officers searched the car and found TT$69,316, US$27,080 and £75 in a bucket, and confiscated it under the Proceeds of Crime Act.

The State presented five witnesses who gave evidence at the trial. They were cross-examined by Sookoo’s attorney Taradath Singh.

The State argued that Sookoo gave inconsistent accounts of how he came to have the money. The State also cited several case laws to argue that the funds should be forfeited to the State as suspected proceeds of crime.

In response, the defence contended that there was no evidence before the court to suggest that the money was proceeds of crime or intended to be used in any such manner.

Singh presented his client’s business registration documents and proof of ownership of several fishing vessels and income-generating assets as legitimate sources of money.

The magistrate ruled that the State failed to show a link between the seized funds and any criminal offence.

The court also heard that the businessman was never charged with any offences whatsoever, and the forensic report revealed no traces of illegal drugs from the money samples taken.

The court ordered that the money be returned to the businessman.