Revised Laws of Saint Lucia (2021)

25.   Third party rights

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    (1)   An order referred to in section 23 or 24 applies without prejudice to the rights of a third party.

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    (2)   The Registrar of the Court shall notify a third party who has a legitimate legal interest in property which is the subject of an order made under section 23 or 24 by publication of the order in the Gazette and at least one weekly newspaper published in Saint Lucia within 14 days of the order being made.

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    (3)   A third party who has been notified under subsection (2), may make a claim to the Court against property which is the subject of an order made under section 23 or 24.

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    (4)   The Court shall return the property or proceeds of the property to a third party, when it has been demonstrated to the satisfaction of the Court that —

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      (a)     the third party has a legitimate legal interest in the property or proceeds of the property;

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      (b)     no participation, collusion or involvement with respect to a money laundering offence which is the subject of the proceedings can be imputed to the claimant;

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      (c)     the third party lacked knowledge and was not intentionally ignorant of the illegal use of the property or proceeds of the property;

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      (d)     the third party did not acquire any right in the property from a person proceeded against under circumstances that give rise to a reasonable inference that any right was transferred for the purpose of evading the forfeiture of the property or the proceeds of the property; and

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      (e)     the third party did all that could reasonably be expected to prevent the illegal use of the property, or proceeds of the property.