An Irishman who is in custody awaiting trial in Britain on charges arising from an alleged £100 million sterling (€142 million) VAT "carousel" fraud has taken legal action to prevent the Minister for Justice handing documents seized in searches of his companies' premises to the UK customs authorities to assist in additional criminal investigations there.
Mr Paul Gardiner SC, for Dylan Creaven, yesterday secured leave from Mr Justice Kearns to seek orders, in judicial review proceedings, aimed at preventing the handover of the documents.
The judge also granted a stay prohibiting the Minister for Justice from issuing a consent today to the release of documents and materials procured in a number of Garda searches last year.
Later yesterday, counsel for the State said the UK authorities had sought those materials for criminal proceedings due to begin in January and the State wished to have the stay discharged. Mr Justice Kearns said he would deal with the discharge application on Friday.
Earlier, in challenging the Minister's decision to release the material in question, Mr Gardiner said the Minister had last week notified Mr Creaven's solicitors, Arthur Cox, that he intended to consent to the release of the documents which were being sought by the UK authorities to assist in investigations against persons unknown.
Mr Creaven was contending that the Minister had no entitlement to release the materials sought pending the outcome of other judicial review proceedings initiated by Mr Creaven last May in which Mr Creaven claimed that the Criminal Assets Bureau (CAB) used unlawful search warrants to search his home and other premises occupied by companies, company employees, accountants and solicitors.
Last May, Mr Creaven, currently in Wandsworth prison, London, and formerly of Woodstock View, Ennis, and two of his companies (Silicon Technologies (Europe) Ltd, Ennis, and Bradenville Holdings Ltd, Henry Street, Limerick) secured leave to seek orders quashing search warrants issued by District Judge David Anderson. Those proceedings have yet to be heard.
During the hearing of the May application, Mr Gardiner said Mr Creaven was the subject of a investigation by CAB and by the English and Irish customs authorities arising out of an alleged VAT carousel fraud.
The extent of the fraud was claimed to be more than £100 million. It involved high-value computer components and the alleged movement of these goods in a circle between various companies to generate VAT payments that had not been declared to the English authorities.
Mr Creaven, who has denied any wrongdoing, has been detained since his arrest in November 2002.
