Dance Academy DJ Tom Costelloe has no assets to seize, court decides

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Wednesday, September 01, 2010
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This is Devon

A DJ jailed for five years for allowing the 'rampant' sale of ecstasy at a Plymouth nightclub has been ordered to pay back nothing.

Thomas Patrick Costelloe (pictured right), the former DJ and general manager of Union Street's Dance Academy, was made the subject of a Proceeds Of Crime Act application.

Under the Act, assets deemed to have come from his crime could be seized and confiscated.

Yesterday, at Plymouth Crown Court, more than two years after Costelloe's conviction, the Crown Prosecution Service came up with a figure.

It revealed the amount of benefit Costelloe had derived from his crime was judged to be £6,600 — the wages he was paid as the club's DJ and general manager at the time.

However, the amount of the confiscation order was nil, as the CPS had not been able to find any assets to confiscate, the court heard.

When Judge Francis Gilbert QC queried whether the amount should not be a nominal £1, so the order could be varied if assets turned up in future, Geoffrey Mercer QC said the CPS was satisfied with Costelloe paying nothing.

Costelloe, 39, from Honiton, was allowed to leave the dock, as he is on home leave from his ongoing jail sentence.

He thanked the judge several times and smiled as he left the court.

Costelloe's former boss, Manoucehr Bahmanzadeh, will have his POCA hearing at the end of the month.

He was jailed for nine years two years ago on the same charge as Costelloe: allowing the supply of Class A drugs at the club.

His hearing is scheduled to last a week.

Both men failed in their appeals to have their convictions overturned.

The Dance Academy closed four years ago when it was raided by police after a huge undercover operation.

Bahmanzadeh, who lived above the club, and Costelloe were both convicted after a trial at Plymouth Crown Court in July 2008.

They were snared after undercover police officers began monitoring the club in December 2005, eventually sending in 140 riot police to raid the premises in May 2006.

Sixteen drug dealers were later prosecuted and jailed for their activities there.

Both men denied allowing the dealing to take place, claiming they did their best to stop it and that the Dance Academy had a 'zero tolerance' drugs policy.

But 21 test purchase officers gave evidence at their trial, and claimed dealing at the club was 'overt and blatant'.

As reported in The Herald, the pair's appeal against their convictions, on the grounds the officers should not have been allowed to testify against them anonymously, was rejected by the Appeal Court in December 2008.

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7 Comments

  • Profile image for This is Devon

    by micky b, Torquay

    Thursday, September 02 2010, 2:57AM

    “There was very little trouble there with everyone high on Es, unlke when on alcohol,i know which one is legal and which is not, seems it ought to be reversed to me,. !. there is more trouble/violence /deaths with alcohol than ALL other banned substances FACT,.”

  • Profile image for This is Devon

    by angela, Plymouth

    Wednesday, September 01 2010, 9:01PM

    “Where have all his followers gone,there would usually be at a hundred posts saying how innocent he was.My guess is they have either grown up or found themselves new suppliers”

  • Profile image for This is Devon

    by paul, st judes/7 seas

    Wednesday, September 01 2010, 8:31PM

    “I blame the making of CD'S...... If the DJ had tapes the world would be a better place. I am thinking of buying the dance accademy and filling it full of quiche..... The Quiche accademy where we would listen to Wham and Enya then eat Quiche. Sit around a whicker table talking about the gold old days then return to our homes. No aggro just a thoroughly nice evening...... My eye is hurting possibly due to the fact i have lent my eye ball to a crow....... If anyone finds a crow with an eye ball please ask him to meet me under the fly over........ Is the Navy Pub still open ???? I hope not..... Tennis anyone ?”

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    by tracy, plymouth

    Wednesday, September 01 2010, 2:49PM

    “sorry but we all still know that the Council had plans for that building and that was the REAL reason for the closure,it all stinks,measures were taken to keep drugs out of the club.Im pretty sure if any club in Plymouth was raided the same results would be found but you dont see them being targeted do you? All clubs can only do their best to prevent dealing the country over ,its a national problem and a hazzard of the nightime economy.The Academy was unfairly targeted to get leverage on the buildings ownership (which in the interim has been neglected due to lack of council funds)People will allways party,be it pubs ,clubs ,or at home,publically humilitiating people legitimately in the trade does not solve anything regular policing and working with club owners in support does.Managers work hard to identify problems,its a never ending merry go round...commend them not condemn them !!”

  • Profile image for This is Devon

    by Dave, Devonport

    Wednesday, September 01 2010, 1:12PM

    “Probably straight into the nearest pub to celebrate then a taxi home.
    Don't be late back at the nick when they decide they want you back Patrick you'll miss breakfast.”

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