In the matter of Mark Niall McKinney, Beverley Suzanne McKinney, MMK International Transport Ltd and Tony James McNeill, In the matter of the Proceeds of Crime Act 2002, In the matter of the Contempt of Court Act 1981
| Jurisdiction | Northern Ireland |
| Judge | Morgan J |
| Judgment Date | 11 January 2008 |
| Neutral Citation | [2008] NIQB 3 |
| Court | Queen's Bench Division (Northern Ireland) |
| Date | 11 January 2008 |
| Year | 2008 |
1
Neutral Citation no. [2008] NIQB 3 Ref:
MOR7039
Judgment: approved by the Court for handing down Delivered:
11/01/08
(subject to editorial corrections)*
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
________
QUEEN'S BENCH DIVISION
________
IN THE MATTER OF MARK NIALL MCKINNEY, BEVERLEY SUZANNE
MCKINNEY, MMK INTERNATIONAL TRANSPORT LTD AND TONY
JAMES MCNEILL
IN THE MATTER OF THE PROCEEDS OF CRIME ACT 2002
IN THE MATTER OF THE CONTEMPT OF COURT ACT 1981
________
MORGAN J
[1] This is an application by the Interim Receiver for an order that Tony
James McNeill (the respondent) be committed to prison for his contempt in
obstructing the receiver in the carrying out of her duties under and pursuant
to her appointment by an Interim Receiving Order dated 24 February 2006.
The receiver also seeks an order compelling the respondent to attend with her
for further interview and to co-operate with her at interview by providing
full, informed and proper answers to questions.
[2] The applicant submits that this is a civil contempt application whereas
the respondent contends that this is a criminal proceeding. The respondent
also submits that it is an abuse of process for the receiver to bring this
application which he says should be brought by the Director of the Assets
Recovery Agency if it is to be brought at all. Accordingly the respondent
invites me to dismiss the application or to direct the receiver not to proceed
further with it. I have agreed at the invitation of the parties to deal with these
matters as preliminary issues and I have been asked to give general guidance
as to the procedure which should be followed in such applications.
Background
[3] By Order of Coghlin J dated 24 February 2006 the applicant was
appointed Interim Receiver of certain property of the respondent and the
other named parties set out in schedule 2 to the Order. The property
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Attorney General for Northern Ireland's Application
...that the courts saw the matter as one involving criminal contempt. [30] Mr Watters relied on the case of In Re McKinney and Others [2008] NIQB 3 in support of his submission that the current issue before the court relates to civil contempt and not criminal contempt. That case involved an al......