Neutral Citation No:  NIQB 38
Judgment: approved by the Court for handing down
(subject to editorial corrections)*
TREACY LJ (delivering the judgment on behalf of the court)
"1. This order prohibits you from dealing with your assets. The order also requires you to serve an affidavit on the court and on the Director of Public Prosecutions and to bring into Northern Ireland assets which you currently hold outside this jurisdiction.
2. The order is subject to the exceptions at the end of the order, you should read it all carefully. You are advised to consult a solicitor as soon as possible. You have a right to ask this court to vary or discharge this order. You are advised to consult a solicitor as soon as possible who may be able to access public funding for legal advice and assistance that you may require. A solicitor may apply for funding using the appropriate application forms to the Northern Ireland Legal Services' Commission …
3. If you disobey this order you will be guilty of contempt of court and may be sent to prison or fined or your assets may be seized."
"The defendant, Philip Harris and Tracey Hawthorne, must not remove from Northern Ireland or in any way dispose of, or deal with, the following assets:
A Fiat Ducato camper van, registration number T26 HHS.
The order then recites 5 other motor vehicles which are also subject to the restraint order prohibiting disposal of assets, but this application is concerned with the camper van.
"1. The alleged offenders must each inform the Director of Public Prosecutions in writing of all their assets whether inside or outside Northern Ireland and whether in their own name or not and whether solely or jointly owned, giving the value, location and details of such assets.
2. The information must be furnished in an affidavit which must be filed with the court and served on the Director of Public Prosecutions within 14 days after this order has been served on the alleged offender."
Burden of proof and standard of proof
What is to be proved
(i) disposed and/or removed an asset named in that order, namely the Fiat Ducato camper van, without approval by the Director or pursuant to an application to vary the order of the court; or
(ii) failed to serve in writing an affidavit on the court and on the Director, informing the Director of all their assets whether inside or outside Northern Ireland or both.
Factual Background and Discussion