A DUBLIN man, Mr Gerry Hutch, is challenging the Criminal Assets Bureau's right to seize the deeds of two properties which he claims were bought with money he got from the settlement of a personal injuries claim against the State.
In the High Court yesterday Mr Richard Humphreys, for Mr Hutch, said it seemed bizarre that the State should pay for its own negligence and then a State agency should seize the deeds of properties bought with State monies and claim they were the proceeds of crime.
Mr Humphreys said Mr Hutch (36), The Paddocks, Clontarf, Dublin, required the deeds to the two properties so he could sell them to fund his legal defence to a £2 million CAB tax bill.
Mr Justice O'Higgins fixed next Thursday for the hearing of the application for the return of the deeds. He also fixed April 20th for the hearing of the CAB's application for "summary" judgment for £1,984,626 against Mr Hutch. He told Mr Humphreys he could raise any points challenging the constitutionality of tax legislation at that hearing.
Earlier Ms Grainne Clohessy, for the CAB, said her client's application for judgment against Mr Hutch had already been adjourned on three occasions. Mr Humphreys said the CAB had seized the deeds of the two properties, along with the deeds of other properties of Mr Hutch. Mr Humphreys said the CAB application for summary judgment raised significant conflicts of fact. One question was whether Mr Hutch had or had not appealed in time against the tax assessment.
Counsel said he would also be raising the constitutionality of the tax legislation under which the CAB was seeking summary judgment. There should be a plenary hearing.
Mr Justice O'Higgins said identical points had been taken in other cases and perhaps all these issues could be heard and decided in one case. He said Mr Humphreys could address the court on April 20th on whether the matter should go to a plenary hearing.