Appleby: Justice must be seen to be done
Privy Council Ruling on Peter Michel’s Jersey Money Laundering Convictions
Comments from Kai McGriele (formerly at Appleby law firm), Partner, KSG Attorneys, Cayman Islands
The Judicial committee of the Privy Council has recently delivered judgement in Peter Michel’s appeal against his convictions for money laundering offences in Jersey 2009.
Corporate and Trust Structures at the Centre of the Case
Mr Michel was initially convicted in August 2006 on one count of money laundering before Sir Richard Tucker, Commissioner and then in May 2007 convicted on a further nine counts and sentenced to six years imprisonment in June 2007.
The Court of Appeal dismissed an appeal against the conviction but Mr Michel obtained Special Leave from the Board of the Privy Council.
Background: Peter Michel’s Original Convictions in 2006–2007
The facts of the case are that Mr Michel and his personal assistant set up corporate /trust structures for their clients using false details. They would then place funds on deposit and purchase property on their clients behalf while maintaining their clients anonymity.
Mr Michel says he did not know or suspect that any of his clients were criminals or that they were dealing with the proceeds of crime.
Grounds for Appeal: Alleged Unfair Trial Before the Commissioner
The grounds for the appeal were that Mr Michel did not receive a fair trial before the Commissioner in May 2007 based on the Commissioners conduct which were later conceded by the legal representatives for the Crown as “excessive and inappropriate.”
The Privy Council held that the appeal should be allowed, the conviction quashed and the case be remitted to the Court of Appeal for that court to decide whether or not to order a fresh trial.
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