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Personal shares of office-bearers could not be attached where the alleged proceeds of crime were received by an education society and no material showed personal receipt or direct or indirect benefit to the individuals. The Tribunal noted that the funds were, on the respondents' own case, used for servicing the society's loan or transferred onward, and mere status as President and Secretary was insufficient to establish the required nexus with the attached assets. As no part of the proceeds of crime was shown to have remained with the individuals or to have been routed for their benefit, the attachment of their shares was set aside.
Personal shares of office-bearers could not be attached where the alleged proceeds of crime were received by an education society and no material showed personal receipt or direct or indirect benefit to the individuals. The Tribunal noted that the funds were, on the respondents' own case, used for servicing the society's loan or transferred onward, and mere status as President and Secretary was insufficient to establish the required nexus with the attached assets. As no part of the proceeds of crime was shown to have remained with the individuals or to have been routed for their benefit, the attachment of their shares was set aside.
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