Dundee drug dealer refuses to give up £33,000 demanded under Proceeds of Crime act

A drug dealer who had more than £33,000 in cash confiscated by police during a drugs bust is refusing to allow the money to be released, a court has heard.

Despite a court order stating the money has been forfeited to the Crown under the Proceeds of Crime legislation, unless Daniel Montgomery, 52, signs a mandate, the agency tasked with recovering the money is powerless to get their hands on it, Dundee Sheriff Court was told.

Montgomery appeared in court after failing to sign the mandate within the designated six months.

Solicitor George Donnelly, acting as local agent for the Cupar firm Williams Gray Williams, told the court that Montgomery had recently changed solicitors and had still to instruct his new representatives.

He asked Sheriff Alastair Carmichael to adjourn the hearing for Williams Gray Williams to take instructions from Montgomery.

Fiscal depute Gavin Whyte of the Proceeds of Crime Unit told the court he was moving for the forfeiture of £33,215 cash immediately as Montgomery had refused to sign the mandate, having already been given until February to allow the cash to be handed over to the Crown.

The money was demanded after Montgomery had admitted being concerned in the supply of cannabis resin and possessing cannabis and cocaine on February 17 2016, at his home at Southampton Place in Craigiebank.

It’s believed the cash was found in Montgomery’s house at the time of his arrest on February 17 2016.

After a court hearing on August 17 last year, the cash was demanded by the Proceeds of Crime Unit, with Montgomery being given until February to sign the mandate granting the release of the money.

However, the court heard, he has so far failed to do so and he has also parted company with his previous legal representatives.

Sheriff Carmichael granted Mr Donnelly’s motion to adjourn the case until September 25 for instructions to be given.

Montgomery was ordered to appear at the next hearing on April 25.