Disclosure of recorded reasons in money-laundering provisional attachment was required to ensure a fair and effective defence.

Where provisional attachment under the Prevention of Money-Laundering Act, 2002 is founded on recorded reasons to believe, fairness requires disclosure of those reasons to the affected party on demand so an effective reply can be filed. The Tribunal treated the written reasons as part of the statutory basis for attachment and adjudication, and held that withholding them would impair the defence and offend principles of equal opportunity in proceedings. The appellants were therefore entitled to copies of the reasons to believe, and the respondent was directed to supply them within one week.

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Issues: Whether the appellants were entitled to be supplied with copies of the reasons to believe recorded for the provisional attachment, at the stage of proceedings under the Prevention of Money-Laundering Act, 2002.

Analysis: The Tribunal held that where the authority relies upon reasons to believe as the basis for provisional attachment and subsequent proceedings, fairness requires disclosure of those reasons to the affected party when demanded so that an effective response can be filed. It relied on the statutory scheme governing provisional attachment and adjudication, and on the requirement that reasons recorded in writing must be available for scrutiny. The Tribunal also applied the principle of equal opportunity in adjudicatory proceedings, holding that withholding the reasons would impair the defence and offend fairness.

Conclusion: The appellants were entitled to copies of the reasons to believe, and the respondent was directed to supply them within one week.

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