The Criminal Assets Bureau is to be given new powers that will put a halt to mob bosses launching endless court battles against it.
Justice Minister Simon Harris is today set to announce proposals to prevent non-stop court challenges against the seizure of proceeds of crime by the CAB like gang boss John Gilligan once did.
The mobster spent two decades mounting legal challenges against his properties being seized –costing the taxpayer €20million before he finally exhausted every avenue.
And under the new proposals criminals will no longer be able to delay the seizure of properties deemed to be the proceeds of crime. The courts will automatically appoint a receiver to a property when a decision is made that an asset is a proceed of crime pending a final disposal order.
This will mean a property or asset will be managed by a receiver, and will not be available for use by the person being pursued by the CAB during this period.
The minister is set to announce the move at the annual conference of the Association of Garda Sergeants and Inspectors (AGSI) today.
The Government is set to place the move into the new Proceeds of Crime (Amendment Bill) 2023.
And under the plan there will be a reduction in the period that normally must elapse before criminal proceeds can be confiscated by the State – from seven years to just two years.
That means assets which are seized – such as the recent seizure of a mansion in Saggart, Co Dublin, that was “under the control” of the Kinahan cartel – can be utilised for other purposes far sooner.
The new powers being proposed by Minister Harris also grants further powers to the CAB to allow it to more effectively share information with other State agencies and with law enforcement in other jurisdictions.
The new powers will also grant anonymity to former non-Garda Bureau Officers, other former Bureau staff, experts from, regulatory or investigative bodies or independent experts, such as financial analysts, occasionally contracted by the Bureau when they are called upon to give evidence at proceeds of crime hearings. Minister Harris will also tell the AGSI conference he has five objectives as a focus for him, and for the Government, when it comes to supporting our gardai and communities.
Drug dealer Gilligan took his battle with the CAB all the way to the European Courts after he made an unprecedented 29 appeals in the Irish courts.
The brazen mobster, who now resides in Spain, argued he and his family did not get a fair hearing when his assets were frozen by the State in 1996.
Gilligan, his ex-wife Geraldine and children Treacy and Darren complained their right to a fair trial within a reasonable period was breached due to the length of time it took to conclude proceedings against them.
However, the European Court of Human Rights ruled the delays were in fact caused by Gilligan himself.
In its judgment, it said: “The court found that the applicants, through their vexatious delaying tactics, had been responsible for the overall duration of the proceedings.
“Accordingly, there had been no violation of their rights under this article.”
The mob boss had already failed multiple times to convince the Irish High Court that his properties –including his beloved Jessbrook Equestrian Centre in Enfield, Co Kildare – were bought from legitimate earnings.
CAB was set up in 1996 as the state revolted against the murders of Det Garda Jerry McCabe and crime
journalist Veronica Guerin.
READ NEXT:
- New Annie McCarrick murder suspect 'lived in same Dublin neighbourhood' as digs may begin in days
- David Haye adds new girlfriend to throuple one month after Una Healy split
- Ian Bailey could be left homeless as eviction ban lifted - but ex 'certainly won’t take him in'
- Irish Lidl shopper left baffled as mystery three-letter code found written on blueberry
- Ryanair flight mistake you make every time you book - and secret to getting best seat
Get news updates direct to your inbox by signing up to our daily newsletter here
