WIREDGOV

Success over multiple legal challenges has allowed the NCA to take possession of a property worth over £650,000 to meet the tax liability on cash payments linked to a conspiracy, allegedly backed by Moammar Gaddafi, to assassinate the then Saudi Crown Prince Abdullah.

The order for possession and sale of the house in Wembley was obtained on 23 June 2016 and related to payments received by Muhammad Al-Massari (70), a political dissident and critic of the regime in Saudi Arabia, who has been living in the UK since 1994. Al-Massari then lodged multiple legal challenges in an attempt to halt the process.

The NCA’s Civil Recovery and Tax team’s original investigation into the tax affairs of Al-Massari identified that between 2003 and 2004 he received significant sums in cash, allegedly as payment for his involvement in a conspiracy to assassinate the then Saudi Crown Prince Abdullah. The team established a tax liability of £595,841.24, including penalties, and a claim for the debt was issued on 3 July 2015. A claim for an order for possession and sale of Al-Massari’s house was issued in February 2016 to enforce that debt resulting in an order for sale being obtained in June 2016.

Al-Massari then made an application to stay the order for sale, which was allowed in August, and applied for an extension to the deadline for permission to appeal. The NCA successfully applied to have that order set aside with the Judge, Mr Justice Mann, also determining in his judgment that “the third of Al-Massari's grounds of appeal in this case is doomed to failure as are the first two inter-related grounds”. Therefore, the Judge struck out Al-Massari’s appeal in advance of the permission to appeal hearing because he regarded it as “hopeless”.

The court ordered that Al-Massari had until 28 November 2016 to provide vacant possession of the property, but days before the court deadline he applied for permission to appeal to the Court of Appeal. The Court of Appeal was quick to refuse permission based on a note of the hearing in November. Al-Massari, having exhausted other options, requested a two week extension to vacating the property. He agreed to leave on 12 December, but at the last minute refused to vacate. The NCA returned to court to secure a warrant of possession, allowing bailiffs to evict Al-Massari on the 12 January.

Stephanie Jeavons, Deputy Director of the NCA said: “The NCA is patient and persistent and has considerable powers at its disposal. The speed with which the court was able to resolve this matter is testament to the strength of the case the NCA built, and should deter anyone who thinks they can frustrate our efforts to deny criminals access to their proceeds of crime.”