I have been reading the appeal that DiStefano worked on for John Palmer. Overturned due to a defective legal notice.
"In the circumstances, the judge proceeded to hear the final stage of the confiscation proceedings. On 23 April 2002, at the end of the hearing, he made a confiscation order in the total sum of £33,243,812.46, made up of £32,738,893.76 on count one and £504,918.70 on count two."
"As it is, for the reasons which we have sought to explain under issues one, two and three, we have allowed this appeal and quashed the confiscation order. It also follows that the judge’s second order for prosecution costs must also be quashed, but it is common ground that we reinstate his earlier costs order in the sum of £266,367.
In a case where the fraud has been as extensive as was proved and the appellant’s benefit as great as the judge found it to be, the result is an unfortunate one which, as we have said, we have reached with reluctance. Nevertheless, it remains our duty to recognise the fact that the judge in this case acted without jurisdiction. As has been remarked in a number of cases, this is a penal statute and its provisions have therefore to be strictly construed against the Crown.
At the time of making known our decision on 31 July 2002, we adjourned the Crown’s application for leave to appeal so that such an application, together with any point of law which the Crown may ask us to certify, could be considered at the time of handing down this judgment."