A customs officer yesterday secured a High Court order authorising the retention of about £80,000 found in a bag seized from a man leaving Dun Laoghaire ferryport last August.
Mr Justice Smyth was told a forensic examination found traces of cocaine on the monies seized on August 31st, 1998 from Mr Thomas Desmond Conway Jnr, with an address at Barrack Street, Dundalk, Co Louth.
He granted leave to Mr Kieran O'Donoghue, a member of the Customs National Drugs Team, to seek an order, by way of judicial review, quashing the refusal by District Judge James Paul McDonald of December 4th last to authorise the retention of the £72,380 sterling seized.
He also granted an order directing the retention by customs of the monies seized pending the determination of the judicial review proceedings.
The court was told that Mr Conway, having been observed carrying a bag, was stopped by customs as he left the ferryport.
In an affidavit, Ms Mary Kiely, a Revenue solicitor, said Mr Conway initially refused to hand over the bag for examination and his arrangements showed he intended travelling to the Netherlands.
In the District Court, Judge James Paul McDonald decided Mr Conway was in his truck in Dun Laoghaire which was being tested for illegal diesel fuel, that there was evidence illegal diesel had been found, that the vehicle was impounded and a bag was brought out in which a large amount of cash was found, Ms Kiely said.
Judge McDonald noted comments that Mr Conway was acting suspiciously but held the bag was easily found and, that in the circumstances, a body search by Customs was excessive.
Yesterday Mr Justin Dillon, for Mr O'Donoghue, said his client applied to the District Court on December 1st for an order for the retention of the monies. Mr Conway told the District Court he was opposing that application and, notwithstanding that Mr O'Donoghue was not aware of that opposition, the judge directed that he should give evidence supporting his application on December 1st and Mr Conway should give evidence on December 4th.