Pubdate: Wed, 30 Aug 2000 Source: West Australian (Australia) Copyright: 2000 West Australian Newspapers Limited Contact: +61 8 94823830 Website: http://thewest.com.au/redirect.shtml Author: Mairi Barton DEAD 'CRIMINAL' TO PAY UP THE State Government has the Supreme Court's approval to keep more than $250,000 in assets from the estate of a man who died before he could stand trial over a big cannabis operation Stephen Retteghy, 67, of Hillarys, has been deemed to have been convicted of two serious charges, despite the fact he pleaded not guilty and had intended to go to trial when he died from cancer in August 1997. Retteghy's estate has been ordered to forfeit to the Director of Public Prosecutions about 2ha of land in Guilderton worth $94,000 and a $15,000 Honda Prelude car allegedly used in the drug business, and to forfeit other assets to make up the total $250,750 proceeds of Retteghy's crime. Retteghy's assets, including his home in Fenton Way, Hillarys, a Nissan Patrol wagon, money in several bank accounts, stocks and shares have been the subject of Supreme Court restraining orders since he was charged with cultivating cannabis with intent to sell or supply and possession of cannabis with intent. Police raided his Nicklaus Avenue property in Guilderton in April 1996 and found a cannabis growing and harvesting business. The executor of Retteghy's estate, lawyer Stuart Silbert, submitted that the posthumous conviction had denied Retteghy a fair trial and he could not clear his name. Mr Silbert opposed forfeiture orders sought by the DPP on the grounds that the Crimes Confiscation and Profits Act 1988 was unconstitutional because it gave Parliament the power to convict, which usurped judicial power. Under the Act, a person is taken to have been convicted of a serious offence if they die after they have been arrested. But Justice Graeme Scott said the argument was based on a false premise because the person was taken only to have been convicted for the purposes of the Act. Justice Scott said he was satisfied beyond reasonable doubt on the evidence that Retteghy had used the Guilderton land to cultivate and process cannabis on a significant scale. The Honda Prelude had traces of cannabis in the boot consistent with it being used to transport the drug, he said. "When interviewed on videotape, the deceased readily acknowledged his involvement in the cultivation of cannabis on the property, although he denied any intention to sell the cannabis grown," Justice Scott said. He said $250,750 of Retteghy's income could not be accounted for and analysis of seized diaries showed a close relationship between cannabis sales and bank deposits. The diaries listed cannabis sales of $265,100 between July 1993 and April 1996. "The evidence establishes the deceased profited from the sale of illegal drugs at least to the sum of $250,750, being the lesser of the two figures," he said. - --- MAP posted-by: Doc-Hawk