A man has lost an appeal against a decision his family home was acquired with the proceeds of crime. Dean Russell (50) denied claims by the Criminal Assets Bureau (Cab) he had “a prolonged and deep history” with criminality.
He claimed he had paid the mortgage on his home in Clonshaugh, north Dublin, which he bought for €53,000 in 1995, from the proceeds of his own labour and not from the proceeds of crime.
He denied he was a “major criminal” and said he worked all his life including at cleaning windows, selling furniture and a taxi business. Six years ago, a senior Cab officer told the High Court Mr Russell had 12 previous convictions including relating to a post office robbery in 1991. He associated with known criminals and was involved in gangland feuds in Coolock and the north inner city, the Cab officer said. Cab said 61 per cent of some €356,000 lodged to his various accounts came from unknown sources.
The High Court heard cash payments were made to his credit card, including IR£13,500 in 1998 and €10,000 in 2009, from an unidentified source. It held that no credible evidence was provided in relation to his window cleaning, taxi or furniture businesses.
There were also unexplained purchases of two horses and maintenance payments to his former partner for an amount that would have equated to his declared income at the time, that court said.
There was no supporting documentation for Mr Russell’s accountant’s reports about his income as they were based on what Mr Russell had told his accountant.
The High Court preferred the evidence of Cab and declared the Clonshaugh house to be the proceeds of crime. It also declared an apartment in Santry, Dublin, and an apartment in Malaga, Spain, were the proceeds of crime. A receiver was appointed to sell the properties.
Mr Russell appealed to the Court of Appeal, an appeal which centred on trying to keep the Clonshaugh house which he said is still home for his family, including four adults.
On Monday, Ms Justice Marie Baker, on behalf of the three-judge Court of Appeal, dismissed the appeal. The Court of Appeal was satisfied the High Court was correct in law and its findings were fully borne out by the evidence.
Mr Russell, who represented himself throughout the appeal and in some of the High Court hearings, was granted a 28-day stay on the Court of Appeal decision to allow him apply to the Supreme Court for another appeal.
He gave a sworn undertaking to maintain the Clonshaugh house pending the appeal after Grainne O’Neill BL, for Cab, said it had been a feature of other Cab cases where such orders were obtained that significant damage had been done before they were taken over.
Mr Russell said: “I am not going to go home and damage my own home”. Ms Justice Baker said this was not meant as a personal affront to him but simply to maintain the status quo. The judge also noted he has a six-year stay on the original High Court order pending this appeal. Mr Russell said he had stopped paying the mortgage 18 months ago and the house is not insured. The court heard previous insurance policies had been repudiated by the insurers. The exact locations of the properties cannot be published by order of the Court of Appeal.