Lawyers for convicted drugs dealer John Gilligan are to mount a legal challenge in the High Court to the State's bid to confiscate his assets, the Special Criminal Court was told yesterday.
Gilligan's counsel, Mr Michael O'Higgins SC, said a plenary summons would be lodged in the High Court this week challenging the constitutionality of the sections of the Criminal Justice Act of 1994 under which the State is seeking to confiscate the assets.
Mr O'Higgins asked the court to defer hearing the confiscation application until the Supreme Court determines the constitutionality of the Act and its amendments. "It would be foolhardy for this court to embark upon anything using the full powers of that Act without the Supreme Court ruling upon the constitutionality of it," he said.
When Mr Justice Diarmuid O'Donovan, presiding, said that could take some time, Mr O'Higgins commented: "It could be 12 months. But Mr Gilligan isn't going anywhere."
Asked by the judge if he would go to the High Court seeking an order preventing the Special Criminal Court from hearing the application if the court ruled against him on the application to defer the hearing, Mr O'Higgins replied: "It's high on the agenda of options."
Mr Justice O'Donovan said the court would rule today on whether it should postpone hearing the confiscation application. The State is seeking to confiscate £14.2 million which it alleges were Gilligan's profits from importing 20,000 kg of cannabis.
The court has heard the State wants the High Court to appoint a receiver to realise Gilligan's assets, which allegedly include an equestrian centre at Jessbrook, two houses in Lucan, a house at Blanchardstown, six vehicles, 16 bank accounts and more than £5 million he staked in bets. Gilligan (49) is serving a 28-year prison sentence imposed by the Special Criminal Court on March 15th last for drug offences including importing cannabis resin.