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Courts can seize drug Lords' assets

law to freeze the assets of suspected drug dealers was raised in the Senate yesterday.Opposition Senate leader Sen. Alex Scott feared for the rights of individuals under the legislation.

law to freeze the assets of suspected drug dealers was raised in the Senate yesterday.

Opposition Senate leader Sen. Alex Scott feared for the rights of individuals under the legislation.

"It is fraught with potential problems,'' he said.

Worries about flouting of constitutional rights were also voiced by Senate President the Hon. Albert Jackson .

But the Drug Trafficking Suppression Amendment Act 1992 was passed unopposed by senators.

It allows assets believed to be bought with ill-gotten gains to be seized by the court.

If the suspect is convicted of drug crimes, the courts will then confiscate the restrained assets.

The change in the law was recommended by Government consultant Dr. David Archibald's national drug strategy report.

Yesterday Sen. Scott highlighted cases in the United States of people -- presumed guilty -- enduring "devastating'' ordeals at the hands of Police and courts.

One pilot had his plane confiscated because a passenger was found to be carrying $27 million in a suitcase.

"It was thought to be somewhat suspicious since he was not coming to Bermuda for an expensive holiday,'' quipped Sen. Scott.

He said the pilot, completely innocence, lost his business, his flying certificate, and was forced to buy his plane back.

"He was left virtually penniless. That is the situation we are bringing into existence here in Bermuda. Our legislation is very similar.'' Government Senate leader the Hon. Michael Winfield , however, dismissed the fears.

He said Sen. Scott was confusing confiscation with freezing of assets.

And he stressed the judicial system in the United States was very different from that in Bermuda.

"Bermuda operates under common law,'' he said, adding that individuals would always retain their rights.

Sen. Winfield described the legislation as tough but badly needed.

"I believe that people in Bermuda are so concerned about drugs that this step is absolutely necessary.

"We need to send out a very clear message that the collective leadership of this country is supportive of this and determined to stop drug trafficking in its tracks.'' Yputh and Sport Minister the Hon. Pamela Gordon (UBP), Minister for Youth and Sport, said "draconian'' legislation was a small price to pay for ridding the Island of the drugs menace.

Drugs had destroyed families and left many youngsters fallen by the wayside, she claimed.

Sen. Gordon also pointed how drugs led to house break-ins as desperate addicts sought money to feed their craving.

"People's privacy has been invaded by drugs. Nowadays everything is locked up.'' Sen. Gordon said she hoped the legislation would kill off the glamour often attached to drugs in young people's minds.

Sen. Wendell Hollis (UBP) said alleged drug offenders could apply to have freezing orders overturned by a court.

"The legal costs would be borne by the loser,'' he said.

Sen. Trevor Woolridge (PLP), however, said freezing assets could destroy innocent people's lives.

"The Police and the Cabinet can stand on their heads and blow bubbles and express sympathy, but the damage will have been done.'' Sen. Ira Philip (PLP) suggested the danger to constitutional rights could outweigh any good from the Act.

"Some countries have horrific weapons but don't use them in every skirmish,'' he said.

Sen. Joe Johnson (Ind) strongly backing the legislation, described "small fry'' drug dealers as "killer sharks.'' Sen. Jerome Dill (UBP) said: "Although this bill may be described as draconian, in no way can it be described as unconstitutional.'' Sen. Alex Scott.