The High Court has appointed the legal officer of the Criminal Assets Bureau (CAB) as receiver over two properties owned by a Dundalk man after ruling they were acquired through the proceeds of crime.
Mr Justice Kevin Feeney also ordered that Frank Cassidy take control of €70,000 in cash obtained from the sale of a third property owned by Barry O'Brien and his wife Majella, of Oaktate, Stonetown, Carrickmacross Road, Dundalk, Co Louth.
The judge had last week ruled the couple's family home and another house at Greaghlone, Carrickmacross Road, were the proceeds of crime and adjourned the case to today to allow CAB decide if it was prepared to act as receiver of the properties, with power to take possession of and, if necessary, to dispose of the properties.
Mr Cassidy told the judge he was prepared to act as receiver. In relation to the family home, he said CAB was willing to defer action relating to that until the end of the school year so as not to disrupt the education of the couple's five children.
Mr Justice Feeney appointed Mr Cassidy receiver over the cash sum and both properties but postponed his order in relation to the family home until October. He noted there are two outstanding appeals to the Supreme Court in relation to the rights of mothers and children of persons found to have funded properties from the proceeds of crime.
The judge awarded costs against Mr O'Brien, saying he had presented "inconsistent and contradictory" evidence. He did not make a costs order against Mrs O'Brien, saying he was satisfied with her evidence that she knew little or nothing about her
husband's financial affairs and was not involved in any criminal activity.
The High Court heard last year Mr O'Brien had previous convictions dating back to 1999 and is wanted in Northern Ireland after he fled from there after being charged with smuggling cigarettes.
The court heard he was arrested but not charged in relation to an incident at a hotel on March 20th, 2002 in which he was found with three other men in a car which had two firearms in the boot. He was also the victim of an assault by a man wearing a balaclava and carrying a gun.
The court was told he made a number of applications to obtain mortgages using false and correct information and claimed the source of his money was from working in the security industry from 1997 to 2003 when he earned up to €50,000 per annum.
A forensic accountant who had examined the couple's financial affairs found €298,000 which went through their bank accounts came from unknown and unexplained sources in circumstances where they had no legitimate sources of income which would allow them accrue this level of assets.
A CAB officer told the court there was a pattern of lodgements and withdrawals from their bank accounts consistent with involvement in criminal conduct and the laundering of money.
The court heard their family home at Oaktate was built on its own site, but during construction, had burned down and they later put in an insurance claim for it.
Mr Justice Feeney found Mr O'Brien's evidence in explaining these matters was so contradictory and vague as to be of no value to the court. The evidence was consistent with the view the substantial funds available to the O'Briens from 1996 onwards "in all probability" emanated from the criminal activities of Mr O'Brien, the judge said.