Courts / Armagh / Report
Lawyers ask Court of Appeal for guidance on "complex" money laundering legislation
Summary
Lawyers for Henry Alinta, 44, who was found guilty of money laundering under Section 7.1 of the Criminal Justice Money Laundering and Terrorism Financing Act 2010, have asked the Court of Appeal for guidance on how the complex legislation should be explained to juries. Alinta was convicted by a jury at Trim Circuit Criminal Court after 27 minutes of deliberation and sentenced to four years' imprisonment, with the final 18 months suspended by Judge Michael O'Shea. He was released early from serving his sentence. Alinta is appealing on the grounds that the trial judge allegedly confused the jury on the presumption of innocence and the burden of proof, and that the verdict was perverse given the dense, difficult language of the legislation. His barrister, Pauline Walley SC, argued that the judge failed to bridge the distinction between the burden of proof and the shifting presumptions, and that the legislation is widely drafted and complex. Henry Alinta pleaded not guilty.
Who, what, where, when and why
What: Report matter: Lawyers ask Court of Appeal for guidance on "complex" money laundering legislation. Charges or matters: money laundering contrary to Section 7.1 of the Criminal Justice Money Laundering and Terrorism Financing Act 2010. Procedural stage: appeal. Findings: Found guilty
When:
- 2018-12-07 Publication
Why: It was so "widely drafted" she asked the Court of Appeal to give guidance to judges for future cases "because these presumptions are arising more" often. CNI source report
Case subjects
Appellant
Charges: money laundering contrary to Section 7.1 of the Criminal Justice Money Laundering and Terrorism Financing Act 2010 (Proven)
Plea: Not guilty
Finding: Found guilty
Outcome: Found guilty; He was found guilty by a jury at Trim Circuit Criminal Court after 27 minutes of deliberations and sentenced to four years imprisonment with the final 18 months suspended by Judge Michael O'Shea.
Places mentioned
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