An application by the Criminal Assets Bureau for orders against a Cork man for up to £4 million in alleged unpaid taxes and interest penalties is to come before the High Court on November 21st.
Mr Justice Finnegan was told yesterday by Dr Michael Forde SC, for Mr Patrick McSweeney, of Fairwinds, Waterfall Road, Bishopstown, that a preliminary motion brought by the defendants raised a legal point which, if found to be correct, would show all of CAB's tax-related proceedings were misconceived.
Another motion brought on behalf of Mr McSweeney raised issues relating to legal aid for his case including issues relating to how Mr McSweeney's lawyers should be paid.
Mr Richard Nesbitt SC, for CAB, said the legal issue in the preliminary motion had already been raised on behalf of Mr McSweeney. There was also a judicial review challenge which was struck out when Mr McSweeney decided not to prosecute, counsel said.
Mr Nesbitt added that Mr McSweeney's lawyers were complaining they were inconvenienced by the method under which it was proposed to pay them under the Legal Aid scheme. That matter and others were to be adjudicated by the Supreme Court.
Mr McSweeney's lawyers were being paid by the State on parity with counsel for CAB but they said this was not enough, Mr Nesbitt said. This was not a reason to refuse to go ahead with the full hearing.
The lawyers had been in the case a very substantial time, the case had been going on so long and it should not be adjourned at this point.
Dr Forde said other points were being raised in the legal aid issue apart from the level of fees to be paid. He said the real difficulty was that CAB, which had in April 1997 secured an interim order freezing some £1.65 million in assets belonging to Mr McSweeney, never brought an interlocutory application regarding that order.
Ms Nuala Butler said she was representing the Minister for Justice who had been joined to the motion for directions regarding the legal aid scheme. She needed time to reply to the issues raised.
Mr Nesbitt said he disagreed with nearly everything Dr Forde had said regarding the history of the case but would not go into that now.
Mr Justice Finnegan said it was not possible to have the motions heard yesterday because he was already at hearing. He said the McSweeney case was fixed for hearing on November 21st and, at this point, would go on.
The motions would be a matter for the trial judge and Mr McSweeney would have to make his mind up regarding what he wanted to do. He told Ms Butler she should, if possible, have her affidavit ready by November 17th.
