The key issue in a case about the ownership of a vehicle seized by the Criminal Assets Bureau is the credibility of a Dublin businessman, Mr Peter Bolger, the High Court was told yesterday.
In his closing submission, Mr Donal O'Donnell SC, for CAB, said the court should disbelieve Mr Bolger's testimony in which he claimed a company, Louisville, and not himself, owned the car.
Counsel said the court should assess Mr Bolger's credibility knowing that the businessman had convictions for dishonesty, forgery and fraudulent trading and had defaulted on tax payments.
There was a lack of corroborative evidence for Mr Bolger's claims regarding ownership of the Mercedes, counsel said. He also said Mr Bolger had a relationship with Mr George Mitchell, said to have a criminal record and now living in Amsterdam. Mr Bolger has denied any relationship.
Mr O'Donnell was speaking on the sixth day of a case about the ownership of a Mercedes 250 vehicle seized by the Dublin County Sheriff at Dublin Airport in September 1996.
Mr Bolger (44), of Glendown Lawn, Templeogue, Dublin, was arrested under the Drug Trafficking Act by CAB officers at the airport on the same day and was later released.
The car, valued at £23,000, is registered in the name of Louisville, a company of which Mr Bolger is a director. CAB alleges Mr Bolger owns the car and claims it was seized in part settlement of a £141,000 tax bill.
In court yesterday, Mr Michael O'Leary said he was a partner in accountants Simpson Xavier in August 1996 and had dealings with Mr Bolger who had reported incorporation of a limited company, Louisville.
There were discussions with Mr Bolger about a possible deal involving the sale of tinned corned beef to Ghana, Mr O'Leary said. He said he might be interested if Mr Bolger had sufficient money. Around August 9th, 1996 Mr Bolger had produced Dutch guilders worth more than £21,000, Mr O'Leary said. He lodged these in his deposit account as there was no Louisville account at that time.
He had no recollection of Mr Bolger proposing the firm should buy a car. He recalled that Mr Bolger was later driving a Mercedes. He realised the car was registered to Louisville.
Cross-examined by Mr Douglas Hogg QC, for Mr Bolger, Mr O'Leary said the trading name of Louisville was Eringold. He agreed that, in a letter of June 6th, 1997, he represented himself as managing director of Eringold but said Mr Bolger was the company's prime mover.
He could not recollect having a conversation with Mr Bolger about buying the car, which he first saw in autumn 1996. He was shown an affidavit by Mr Hogg in which he (witness) stated he had received £150,000 for the preparation of beef product for export to Ghana and that that money was lodged to the Louisville account. Mr O'Leary said the money related to spring 1997.
He told Mr Hogg he understood Mr Bolger had money available to Louisville but he could not say where it might have come from.
Mr Hogg asked the witness about a meeting at Simpson Xavier in August 1997 at which Mr Bolger was present. He said Mr Bolger was due to meet him that day but CAB officers had arrived beforehand.
In re-examination, Mr O'Donnell put it to Mr O'Leary that in an affidavit of September 9th last, he had said that Louisville did not buy and was not the beneficial owner of the Mercedes driven by Mr Bolger. In the affidavit, he said it was always his understanding that Mr Bolger personally owned the vehicle.
Evidence in the case concluded yesterday but it was agreed that cross-examination of Mr Bolger about tax payment receipts would be deferred until today. Closing submissions continue today.