Attempts by attorney-at-law Wendel Robinson to have monies belonging to his client, Dane Airall, Jr., and confiscated by the Police have proven futile.
Last week, officers found Airall sleeping in his car, with rolls of various currency strewn around him.
After hearing arguments by Robinson on why the monies should be returned to the man – who has pleaded guilty to drug-related crimes – Chief Magistrate Joanne Walsh made an order that the funds be forfeited to the State.
The Court dealt with the matter as a criminal forfeiture – and not a civil one – since the Police had found a quantity of cannabis and drug paraphernalia at Airall’s Golden Grove home during a search.
Walsh had to use the legal standard of “beyond a reasonable doubt” as opposed to “on the balance of probability,” which is the standard for civil procedures of this nature.
Based on the amount of cannabis found – 1.6 kg, along with the drug paraphernalia and a quantity of ammunition – the Chief Magistrate determined that the money had to have had some connection to the drugs.
The Police had to prove that the money had been gotten from illegal gains – which Robinson tried earnestly to refute, claiming that Airall, who is a taxi driver and shop owner, earns quite a substantial sum on a monthly basis.
Airall claims he makes $4,000 driving a taxi and the same amount from a snackette he owns and operates in Grays Farm.
He gave the Police two separate statements related to the money found in his car and the drugs and other items found at his home.
While, reportedly, he appeared to avoid questions about the drugs, Airall did explain that he had the scale to weigh fish after buying them.
Airall was charged on the weekend with possession of cannabis; possession with intent to sell; being concerned in the supplying of cannabis; and unlawful possession of the ammunition – to which he pleaded guilty.
He was fined $40,000 on the drug possession charge and $5,000 on the ammunition charges. The court has given him until December 30 to pay the fines or he will go to prison for 18 months. REAL NEWS
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