Chief Justice Richard Ground yesterday dismissed the Crown's attempts to have the assets of a convicted drug importer confiscated.

Sharon Wiena Mundy, 44, is currently serving nine and six-year consecutive sentences for importing cocaine and conspiring to import almost $200,000 of cannabis.

An application for a confiscation order, relating to the Proceeds of Crime Act, was submitted through the Department of Public Prosecutions before Mundy's sentencing in September.

But according to Crown counsel Paula Tynsdale in Supreme Court yesterday, a "break down in process" resulted in the failure of the Crown to mention the application to the sentencing judge.

"There was a breach in procedure," Ms Tynsdale admitted to the Court. "But the mischief that this legislation seeks to address is financial gain on the part of anyone who may have been involved in drug trafficking.

"And it is still within the remit of this court to deprive the defendant of any gains derived from illegal drug activity."

Mundy's lawyer Richard Hector conceded it was "unfortunate" the Crown had botched the procedure.

He pointed out, however, that the law is "more than clear" in it's direction that applications for confiscation orders must be made prior to sentencing ? "or not at all".

"The timing of the application is fundamental to the whole process, and the spirit of the legislation has to be followed," he argued.

Mr. Justice Ground ruled that the legal position is clear, and dismissed the Crown's case without consideration of it's merits.

"The failure to mention the application during the period of sentencing is fatal to these proceedings," he said.