Cash Seizure and Forfeiture
11th October 2010
The Director of Public Prosecutions v Sunny Idah
Dublin Circuit Criminal Court
On the 11th October 2010 Dublin Circuit Criminal Court ordered the forfeiture to the Exchequer of cash amounting to €12,500 pursuant to Section 39, Criminal Justice Act 1994, as amended by Section 21, Proceeds of Crime (Amendment) Act 2005, on the grounds that it was proven on the balance of probabilities to represent the proceeds of crime, or was intended for use in criminal conduct. On 15th January 2009 Revenue Enforcement Officers at Dublin Airport seized and detained the cash from Mr Idah a Nigerian native, travelling on an Irish passport, as it was about to be exported to Madrid, Spain.
Following an investigation by Revenue’s Investigations and Prosecutions Division, a file on the matter was referred to the Director of Public Prosecutions who ordered the forfeiture proceedings. It had been claimed that the cash was the proceeds of a loan, and was to be used by Mr Idah to finance the purchase of a truck, which he intended to export from Spain to Nigeria. However it was proven to the Court that these claims did not stand up to scrutiny.
The forfeiture application at the Circuit Criminal Court was not opposed by Counsel for Mr Idah.