Court of Criminal Appeal 8th October, 1998 The Vice President Rose LJ, Sachs J and Moses J Charles Bott for Appellant, Louise Kamill for Respondent. Reported in The Times 16th October, 1998
| Published date | 01 February 1999 |
| Pages | 297-299 |
| DOI | https://doi.org/10.1108/eb027194 |
| Date | 01 February 1999 |
| Subject Matter | Accounting & finance |
Journal of Money Laundering Control — Vol. 2 No. 4
Regina v lain Farquar MacMaster
Court of Criminal Appeal 8th October, 1998
The Vice President Rose LJ, Sachs J and Moses J
Charles Bott for Appellant, Louise Kamill for
Respondent
Reported in The Times 16th October, 1998
MacMaster was convicted at Southwark Crown
Court in January 1998 of
Count 1: Assisting Another to Retain the Benefit of
Drug Trafficking, contrary to section 50(l)(a) of the
Drug Trafficking Act 1994, and of
Count 2: Conspiracy to Commit Drug Trafficking
Abroad, contrary to section I(1) of the Criminal
Law Act 1977
On each count he was sentenced to eight years' impri-
sonment, concurrently, and a Drug Trafficking con-
fiscation order was made in the amount of £3,056;
the Benefit was found to be £2,253,045. His appeals
against conviction and sentence were dismissed.
Section 50 of the Drug Trafficking Act
1994
'A person is guilty of an offence if he enters into or is
otherwise concerned in an arrangement whereby
(a) the retention or control by or on behalf of
another person (call him "A") of A's proceeds
of drug trafficking is facilitated (whether by con-
cealment, removal from the jurisdiction, transfer
to nominees or otherwise), or
(b) .
.
.
and he knows or suspects that A is a person who
carries on or has carried on drug trafficking or has
benefited from drug trafficking.'
TRIAL
MacMaster's co-accused, George Kourtidis and Brian
James, were experienced drug traffickers. They
pleaded guilty to three conspiracies to commit drug
trafficking abroad contrary to s. 1(1) of the Criminal
Law Act 1977, alleging that between 17th Novem-
ber, 1995 and 31st January, 1997 they conspired to
ship cannabis to Canada from South Africa, Holland
and India via Germany. They were each sentenced to
nine years' imprisonment, concurrently on each
count.
FACTS
Count 2
Conspiracy to Commit Drug Trafficking Abroad
contrary
In March 1996 James and Kourtidis met men who,
unknown to them, were undercover police officers
posing as specialist drug transporters. They discussed
the proposed regular transportation of cannabis from
South Africa to Canada1 via Germany. In December
1996 James made two different proposals to the
undercover officers, to ship cannabis to Canada via
Germany from India and from Holland. He said
that he already had paid £400,000 for 300kg of
Dutch cannabis as well as a deposit (10 per cent) for
£500,000 worth of cannabis from India.
The first planned consignment intended for
Canada was the Dutch cannabis in January 1997.
James told the undercover officers that he would
use MacMaster as his driver. Usually MacMaster
was their 'money man', described as 'an ex-lawyer,
brilliant with money'.
Accordingly, on 15th January, 1997 MacMaster
flew to Frankfurt and hired a minibus at the airport.
He drove with James to Amsterdam to collect 300kg
of cannabis and a second van from the Fancy Free
Page 297
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