The High Court has cleared the way for the Criminal Assets Bureau to proceed with an application to have an equestrian centre and other property belonging to convicted drugs dealer John Gilligan and his family handed over to the State.
Gilligan, who recently lost his final appeal against his conviction on drug charges, his wife Geraldine and their children Darren and Tracey, are opposing the proceedings by the Cab.
As a preliminary issue, it was contended on behalf of the Gilligans that the action to confiscate the assets was in breach of court rules as it was commenced by special summons, not plenary summons. His lawyers argued that the rules of the Superior Courts did not provide for proceedings such as these to be brought by special summons.
In a reserved judgment, the President of the High Court, Mr Justice Joseph Finnegan, ruled yesterday that the proceedings under the Proceeds of Crime Act, 1996 could go ahead. The judge said he was satisfied that the Rules of the Superior Courts enable proceedings for an order under the Act to be taken by way of special summons.
Gilligan, who is serving a 20-year sentence for possession of cannabis resin, lost his final appeal in the Supreme Court last November.The confiscation orders relate to a number of properties, including Jessbrook Equestrian Centre and lands at Mucklon, Enfield, Co Kildare, and two houses in Lucan, Dublin.