By James Simons-
A London man will be appearing at the High Court tomorrow, Thursday, to appeal a conviction for laundering £205,000.096 into a Barclays account.
Folarin Oyebola, 52 was jailed in March 2011 for 4 years six months after a hearing at Wood Green Magistrates Court. He was jailed in March 2,011 and released in September 2014.
After judge HHJ Carr ruled that a confiscation order be made against the Folarin Oyebola with a “benefit figure” set at £1,503,325.78p and a realisable amount at £666,994.97, mr.Oyebola refused to pay the figure. He was further jailed in March 2015 and released in February 2017.
He is alleging breach of legal process by the Court Of AppealHHJ Carr ruled that the value of 6 Hanover lodge (£201, 769.00p) is not to be included within the “benefit figure” in line with the agreement reached between the Crown Prosecution Service and Mr Oyebola. Mr Oyebola is saying the ruling was breached by the court of Appeal
Mr Oyebola was also found not guilty of count 1 which was furnishing false information to purchase the said 6 Hanover Lodge, yet it was still included in the benefit of crime [2013]EWCA crim 1052
“As regards Telford Avenue and 6 hanover Lodge however they were purchased prior to March 2003. I therefore concluded that given the concession made by the Crown an in order to do what is just they should not be included in the assessment of benefits”
During the delay in the proceedings at the CoA, Mr Oyebola in December 2012 wrote to the CoA to suspend all submissions made by his Barrister and made his own representations to the said Court. On 13/02/2013 the CoA wrote to Mr Oyebola that his letter dated 10/12/2012 will be put to the Judges who will decide his appeal.
He is appealing the decision of the court to use written statements made by the barrister despite his declaration that he was no longer instructing the barrister. Mr.Oyebola had asked for the barrister’s Ivon Krolick submission
The Crown Prosecution Service defended their written submission. we is also challenging the decision of the court to overcharge him in relation to a confiscation order in which a confiscation order against him for the benefit figure including the entire equity of the value of 6 Hanover Lodge.
He protested the order and was jailed for four years for refusing to pay it. The realisable amount of £601,298.95p set by the CoA was to be paid by 29/04/2013.
In October [2017] EWCA Crim 246 judgment the CoA endorsed in paragraph 12 a decision made by HHJ Kaul QC to reduce an accrued interest of £144,013.84p to nil contrary to an Act of Parliament (section 12 (4) of the Proceeds of Crime Act). Section 12 (4) of the Proceeds of Crime Act states:
“In applying this Part the amount of the interest must be treated as part of the amount to be paid under the confiscation order