Cap. 621 Art. 49Third party defences.

(1) If the Court finds that the Government has met its burden of showing that the property is subject to confiscation, the intervener may show that he is an owner of the property and that the property should be exempt from confiscation for one of the following reasons:

(a) that the intervener acquired his ownership interest in the property as a purchaser for value as described bona fide in article 39(4); or

(b) if the property is facilitating property or is property involved in a money laundering offence other than the proceeds of crime, that the intervener was the owner of the property before or at the time of the offence giving rise to the confiscation of the property and did not know of the illegal use of the property, or upon learning of the illegal use, took all reasonable steps to prevent it.

(2) The intervener bears the burden of proof on the affirmative defences described in sub-article (1).