The default judgment arose from a civil recovery claim brought by the Agency in 2011, in which the Agency sought the recovery of several real properties and motor vehicles which were alleged to have been purchased from the proceeds Mr. Nembhard’s drug trafficking.
Mr. Nembhard had been arrested in the year 2004 and extradited to the United States of America to face an Indictment which charged him with the offence of Conspiracy to Distribute more than 5 kilograms of Cocaine and more than 1000 Kilograms of Marijuana, Knowing and Intending it to be Unlawfully Imported into the United States.
Mr. Nembhard subsequently pleaded guilty to the abovementioned offence and was sentenced in 2009 to One Hundred and Fifty-Six Months imprisonment.
After approximately five (5) years, Mr. Nembhard failed to file a defence to the civil recovery claim and default judgment was entered against him by the Supreme Court for this failure. An application was then filed by Mr. Nembhard to set aside the default judgment that had been entered.
This application was heard by the Supreme Court today. In refusing the application, the court noted that the five year delay was exceptional and that Mr. Nembhard had provided no evidence to account for this delay. The court further found that Mr. Nembhard did not show that he had a real prospect of successfully defending the claim.
The effect of this decision is that the default judgment that was entered in favour of the Agency stands. The judgment vests 5 of Mr. Nembhards’s real properties located in St. Ann to the Crown - with the proceeds of same to be paid to the Agency - and vests 11 of Mr, Nemhard’s motor vehicles - which include a Mercedes Benz and several motor trucks/tractors - in the Agency.
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