Convicted drug dealer John Gilligan will not be stripped of assets worth almost €17 million, the Supreme Court ruled today.
Mrs Justice Susan Denham
Upholding a previous High Court decision, the five judge court declared that the Special Criminal Court, where Gilligan was convicted of drug trafficking, did not have the power to confiscate his assets.
In a bid to seize the alleged profits of drug deals, the non-jury court made a confiscation order in 2001, freezing properties in west Dublin and his Jessbrook equestrian centre in Kildare.
But the move was successfully appealed. Declaring the confiscation order null and void, Mrs Justice Susan Denham said the Special Criminal Court did not have the right to force the confiscation of assets.
"I am satisfied that the learned judge was correct in law and did not err and I would affirm the decision of the High Court," she said.
Gilligan was jailed by the non-jury Special Criminal Court for 28 years in 2001 after he masterminded a drugs smuggling ring which saw tonnes of cannabis being trafficked into Ireland.
The sentence was later reduced to 20 years on appeal. Following his conviction, the three judge court ordered that assets, allegedly bought through the profits of his lucrative drug deals, be handed over to the state.
Gilligan faced losing his 77 acre ranch and equestrian centre, lands at Enfield, Co Kildare and two homes in Lucan totalling €17 million.
But the High Court ruled in November 2002 that the judges of the Special Criminal Court had gone beyond the powers of the court.
Mrs Justice Denham ruled the Special Criminal Court was a unique arena which limited the rights of the accused, but that significant jurisdictions, such as bail, had to be expressly provided for by legislation.
"Consequently, legislation should be strictly construed insofar as it extends the jurisdiction of the Special Criminal Court," the ruling stated.
"Given the nature of that court, a court of trial, matters other than a trial may not be inferred into its jurisdiction. Consequently, I am satisfied that the Special Criminal Court does not have jurisdiction to make orders pursuant to section 4 of the Criminal Justice Act 1994, as amended."
In a statement issued through his legal advisor Giovanni di Stefano, Gilligan claimed: "For once justice has returned to the Four Courts."
Mr di Stefano said the Supreme Court had delivered an honest and intellectual judgement.
"It was evidently clear to all and sundry that the Special Criminal Court had no jurisdiction to embark upon proceedings for confiscation," he said. "This case must be a lesson to the state that procedures must be applied not interpreted."