A FIANNA FAIL Bill allowing the High Court to freeze the assets of people suspected of gaining wealth from organised crime is being examined by the Attorney General, Mr Dermot Gleeson, and the Minister for Justice, Mrs Owen.
Following the murder of Veronica Guerin, Fianna Fail yesterday withdrew a Bill on contempt to allow its justice spokesman, Mr John O'Donoghue, to unveil the Organised Crime (Restraint and Disposal of Illicit Assets) Bill 1996.
The Government Chief Whip, Mr Jim Higgins, said the Coalition "accepted the spirit behind the Bill" and confirmed that its provisions would be "scrutinised".
The Bill permits a Garda chief superintendent or a revenue commissioner to apply to the High Court for an order freezing the assets of a person in possession or control of the proceeds of organised criminal activity or assets acquired directly or indirectly from the proceeds of organised crime.
Under the legislation, "organised crime" means any criminal activity organised, undertaken or performed by two or more people involving the theft, illegal acquisition and the destruction of property valued at more than £10,000 or the distribution of controlled drugs.
On hearing such an application, the court may accept the "opinion" evidence of a chief superintendent or revenue commissioner. According to Mr O'Donoghue, if the word of a senior garda is sufficient to deprive a person of liberty for up to seven years - as pertains to people suspected of membership of an illegal organisation - "it cannot seriously be argued that this opinion is insufficient to deprive a person of his suspect assets".
The Bill does not require a criminal conviction prior to a freeze of assets being implemented. Assets can be frozen for up to five years if the court is satisfied they were procured through crime. But the respondent must at the same time swear an affidavit setting out his assets and income for the preceding 10 years. "The onus rests on the person whose assets are frozen to demonstrate on the balance of probabilities that they were legitimately acquired. If he fails, the assets remain frozen," Mr O'Donoghue said.
After seven years, the court can dispose of the assets if the respondent has failed or refused to file affidavits specifying the assets owned or controlled by him. If the court does make a disposal order, the onus this time is on the chief superintendent, not the respondent.
"The effect of this legislation would be to freeze the suspected assets until the respondent satisfies the court that they were honestly acquired. . . All too often in modern Irish society those involved in organised criminal activity have escaped justice and continued to enjoy lavish lifestyles because of the inability of the authorities within the parameters of existing legislation and legal precedent to prove their guilt," Mr O'Donoghue said.