Proceedings in which the convicted Dublin criminal, John Gilligan, is trying to prevent the Criminal Assets Bureau (CAB)seizing assets of his valued at several million euro were adjourned in the High Court yesterday.
The adjournment was sought pending the outcome of a Supreme Court challenge to the bureau's right to seize proceeds of criminal activity carried out abroad.
The Supreme Court challenge is being taken in a different case but, if successful, it could have a major bearing on how the CAB proceeds against a number of other individuals, including Gilligan.
On the application of counsel for the CAB yesterday, the president of the High Court, Mr Justice Finnegan, adjourned the proceedings brought by Gilligan against the bureau until November 15th when it is expected that a date for a hearing of the case will be set.
It is expected the action will be heard before Christmas.
Gilligan, who is serving a 20-year jail term for drug smuggling and dealing, is seeking an order quashing a ruling made some years ago under Section 3 of the Proceeds of Crime Act, 1986, for the seizure of his assets.
Gilligan contends the seizure order should be "vacated" on grounds that the proceedings relate to the proceeds of offences committed outside this jurisdiction. He also pleads the matter is statute barred under the Statute of Limitations Act, 1957.
The CAB obtained a freezing order some years ago in respect of Gilligan's assets but under legislation, a seven-year period must elapse before assets which are "frozen" can be seized under court order.
The bureau is expected to bring seizure proceedings soon but they could be delayed for some time until the Supreme Court gives judgment in the other case and Gilligan's own proceedings are then dealt with.
In November 2003 the Court of Criminal Appeal rejected an appeal by Gilligan against his conviction on drugs offences but reduced a 28-year jail sentence which had been imposed by the Special Criminal Court to one of 20 years.