Two men, including a suspected leader of a Limerick crime gang, have failed to overturn a finding that two houses were acquired with the proceeds of crime.
The Court of Appeal ruled the High Court was correct in 2017 to freeze any dealing in the houses in Limerick because they were acquired through the proceeds of crime.
The Criminal Assets Bureau (Cab) has sought the orders against Edward McCarthy, who gardaí suspect is among the leaders of the McCarthy/Ryan gang, previously known as the McCarthy/Dundon gang.
Gardaí suspect Mr McCarthy is one of the biggest suppliers of drugs in Munster and a significant supplier in Dublin.
The orders were also against Anthony Mullane, father of Mr McCarthy’s partner, Linda Mullane.
A feud between the McCarthy/Ryans and another gang, the Keane/Collopys, has resulted in the murders of 17 people since 2000. Mr McCarthy has 28 previous convictions .
The orders related to a house at Cliona Park, Moyross, where Mr McCarthy and Ms Mullane live, and another at Creagh Avenue, Kileely, owned by her father Mr Mullane. They cannot be sold, dealt in or diminished in value pending further proceedings.
A forensic accountant for Cab found no legitimate means or explanation for where funds for the houses came from.
Both men denied they were acquired through crime.
Gardaí believe Mr McCarthy is the beneficial owner of Creagh Avenue and Mr Mullane is a front to disguise true ownership. It was claimed money for that house came from a personal injury case taken by Mr Mullane.
Mr McCarthy, who denies involvement in serious criminality, claimed that, while he agreed to pay the previous occupants of Cliona Park some €10,000 for the house, he only paid between €3,000 and €4,000. It remains registered in the names of the previous occupants.
He said he is a horse owner and dealer earning around €350-€450 per week, although he has no records to show this. He had not submitted tax returns because he thought his earnings so small he would not be liable for tax.
Following the High Court decision in 2017, the two men appealed.
They claimed the trial judge erred by allowing into the case four statements by a detective garda which constituted hearsay evidence, despite their objections. They also claimed they were unable to cross-examine the authors of the evidence, one of whom had died by the time Cab made its freezing order application.
The three judge Court of Appeal dismissed the appeal on all grounds.
Mr Justice Michael Peart, on behalf of the Court of Appeal, said the trial judge considered all the evidence as to whether there were reasonable grounds for the Cab chief bureau officer’s belief that the houses came from crime proceeds.
That basis alone was sufficient for a conclusion a prima facie case had been made out, he said.
The statements of the detective garda were admissible for the purpose of the bureau officer’s belief evidence.
Mr Justice Peart rejected the argument there was failure to consider Mr Mullane’s claim the source of funding for Creagh Avenue came from a personal injury award.
The judge was also satisfied the High Court was correct in finding there was no serious risk of injustice if the freezing order was made.