Drug dealer faces confiscation of his stash of cash

A MAN claimed he began selling cannabis because he was struggling financially.

But he had more than £3,700 in cash at his village home and on him when he was arrested.

And magistrates in Leamington committed Rosoclelio Saieva’s case to Warwick Crown Court to enable a confiscation order to be made for the cash under the Proceeds of Crime Act.

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Saieva, aged 44, of Sitwell Avenue, Long Itchington, had pleaded guilty to possessing a total of 263 grams of cannabis with intent to supply it.

Prosecutor Shane Crawford said that when the police raided his home in August they carried out a search and found nine “deal bags” with cannabis worth £960 in them.

They also found more cannabis in a tin, a further 43 unused “deal bags”, a set of electronic scales, a reflective PMylar growing tent and £3,385 in cash.

Saieva was not at home at the time, but while they were there the police had information that he had been seen out in his car.

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He was stopped and arrested, and on him he had £440 in cash and two “dealer lists” of names and figures.

When he was questioned Saieva, who had previous convictions but none for drugs, admitted he had bought cannabis cheaply and intended to sell it on.

Saievo explained that he had been unemployed for nine months.

And he had been struggling financially, added Mr Crawford.

The prosecution asked for the cash to be confiscated as an “available asset” under the Proceeds of Crime Act.

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Andrew Tucker, defending, said Saieva had been sent to the crown court by the magistrates to enable a Proceeds of Crime Act order to be made, which can only be done in the crown court.

He said there would have to be a further hearing before a confiscation order can be made because Saieva maintains the money had not come from drug-dealing but had been saved “as a result of legitimate employment” and the sale of a car.

And he suggested the judge’s sentencing powers were limited to those of the magistrates – a maximum of six months.

But Recorder Malcolm Morse pointed out that when they committed the case to the crown court, the magistrates had not indicated whether it was for a greater sentence than they could pass or not.

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Recorder Morse said: “Until they’ve done that, I don’t have any power to make a confiscation order.”

He remitted the case to the magistrates court for it to be committed to the crown court again with an indication of whether it was intended the sentence should be limited to the magistrates’ powers or to enable a longer sentence to be passed, and Saieva was granted bail.