Attorney General (The Bahamas) v Samuel Knowles Jr and Another

Privy Council, Lord Mance, Lord Kerr, Lord Sumption, Lord Reed and Lord Hughes, 21 February; 20 March 2017

Drug trafficking - Forfeiture order - Proceeds of crime - Recognition of foreign confiscation orders - Criminal procedure

Samuel Knowles Jr is a citizen of The Bahamas. In 2000, prosecutors in the USA laid indictments against him in Florida charging him with being involved in trafficking drugs into the US and of repatriating large sums of money to The Bahamas. US prosecutors sought his extradition to face trial. He resisted extradition but, ultimately, he was extradited to the US in August 2006. The courts in The Bahamas made a restraint order against a number of substantial assets said to belong to him and which were located in The Bahamas. The defendant maintained that he had acquired those assets through hard work and not as a result of any criminal activity. A jury in Florida convicted the defendant in March 2008. He received a substantial term of imprisonment and, in addition, the jury also ordered him to forfeit US$13,900,000 and in so doing made findings that a sum in that amount was either used to facilitate drug trafficking or represented the proceeds of drug trafficking. The Attorney General for The Bahamas sought to register that forfeiture order under Chapter 93 of The Bahamian Proceeds of Crime Act 2000 so that it could be enforced in The Bahamas. Senior Judge Longley granted the registration but The Court of Appeal of The Bahamas discharged it.