AN APPLICATION by the State to confiscate the assets of a jailed brothel keeper has opened at Dublin Circuit Criminal Court.
Martin Morgan (44) is serving a three-year sentence imposed in March 2008 following his conviction by a jury of running a brothel in Dublin city centre in 2005.
He was also fined €24,000 by Judge Frank O’Donnell who described his activity as “a magnificent operation, highly sophisticated and highly rewarding and not a petty little business working on a shoestring”.
Morgan with addresses at Herbert Lane, Ballsbridge and Blackstock Road, London, and formerly of Blacksheep Road, Blanchardstown, was found guilty on three charges following an 18-day trial.
Fergal Foley told Judge O’Donnell that the State’s confiscation application was being made under provisions of the Criminal Justice Act 1994 and that it was a matter for Morgan to either accept or reject all or some of the grounds on which it was based.
He said a list of 10 questions had been given to Morgan and his legal advisers and the court might “at any time” order Morgan to give information required by the court which could “draw inferences” if he failed “without reasonable excuse” to do so.
Mr Foley said that if Morgan failed to comply with the order of the court “without reasonable excuse” or if he provided false information he faced a possible five-year sentence on indictment or a fine or both.
He said the list of questions had not been given to the court in advance until the defence lawyers could decide on their approach to the application.
Mr Foley said the profit margins of the business would have been “quite astronomical” based on the records seized by gardaí and on Garda observation of paying customers and it was not clear where the benefit of that money had gone as Morgan claimed to have no assets.
He said as Morgan had funded his own defence during his trial it appeared he had a considerable amount of money when he was at liberty; he asked the court to make certain inquiries.
Michael O’Higgins SC, defending, submitted that it was “premature” of the State to be making inquiries about his client’s realisable assets when no order of “pecuniary advantage”, which he said had been estimated by the State at approximately €252,000, had yet been made by the court.
Mr O’Higgins said there was also potential difficulties of prejudice for Morgan when his appeal was pending.
Mr Foley said the application should be dealt with speedily in case of assets being hidden.
Judge O’Donnell adjourned the matter until later to consider the submissions by counsel.