FOUR men who were part of a large class A drugs gang which dealt kilogrammes of crack cocaine and heroin in Chester and Ellesmere Port have been told to pay back thousands of pounds.
Karl Evans, 21, Jake Cunnah, 31, Joshua Burns, 25 and Adam Arthur, 23, were all part of a gang led by 31-year-old Mark Cavanagh, who was jailed last September for 14 years and six months.
The large crime gang had multiple lines of operation in Lache, Chester and Ellesmere Port, and flooded the areas with up to £2.3 million worth of drugs.
At the time the defendants were sentenced, Honorary Recorder of Chester Judge Steven Everett had remarked he could not remember a drugs case as serious this in Chester and Ellesmere Port, during his time as a judge.
At a Proceeds of Crime Act hearing at Chester Crown Court on Friday, March 19, the court heard four of the gang members had benefitted from the drugs conspiracy by hundreds of thousands of pounds.
But at this stage, the defendants will collectively only pay back a fraction of their ill-gotten gains.
Prosecuting, Simon Parry said Evans, previously of Hillside Drive, Ellesmere Port, had benefitted by £480,479.10p, but the available amount to be confiscated was £1,000. That sum would come from the proceeds of the sale of Evans's police-confiscated motorcycle and Canada Goose coat.
Evans was considered one of the 'trusted lieutenants' in the Cavanagh gang, using a graft phone, having access to drugs and cash and getting involved in street dealing.
He was handed 66 months detention last September, plus a two-year driving ban upon his release.
Cunnah, previously of Saughall Road, Blacon, was said to have benefitted from the drugs conspiracy by £259,540.71p, but at this stage the amount that could be confiscated was £405.21.
That sum would come from cash previously seized by police.
Cunnah was sentenced to seven years and nine months in jail last October.
Burns, previously of Flint Court in Ellesmere Port, had benefitted by £88,333.32p, with an available confiscation figure of £6,750.15p.
That sum would come from cash and the sale of a vehicle police had seized.
Burns had been sentenced to 50 months in prison last September.
There was a discussion in court on what Arthur should pay back.
Prosecuting, Mr Parry said the defendant had a Volvo V40, valued at between £7,000 and £9,000, and an iPhone.
The Volvo had been used by drug dealers in the course of their criminal activity during March 2020.
Defending, Simeon Evans said Arthur had been released from prison and was currently serving a period of home detention until July.
Arthur had returned to work as a plasterer, for which he had five years' experience, but as police had seized his vehicle, his boss was having to ferry him to and from work, as well as store tools.
Prior to the drugs conspiracy, Arthur, who had attended court, had been a man of good character.
Mr Evans said Arthur had "done the right thing" by going back to employment as part of his rehabilitation.
The judge, Recorder Michael Taylor, said: "It does seem a bit disproportionate to me. I am not going to make an order. The boss's patience will be running out if he keeps ferrying the defendant and back.
"The world and his wife are getting plastering done at the moment. I know from experience.
"So you have lost your phone, but you can keep your car."
Several other members of the gang, including ringleader Mark Cavanagh, are due to have Proceeds of Crime Act hearings o April 16.
- The cases of people who benefit from drugs conspiracies by significant sums does not end at the first Proceeds of Crime Act hearing.
If a defendant later comes into a large sum of money in their life, the prosecution service can apply to confiscate that sum too, even if that money is obtained legitimately.
The amount confiscated from criminals must not exceed the criminal's 'benefit figure', and cannot be confiscated if it would be seen unjust to do so.
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