THE HIGH Court has ruled that two houses belonging to a man described as "a prolific smuggler" of oil products between the Republic and Northern Ireland are the proceeds of crime.
Mr Justice Kevin Feeney made orders that houses at The Meadows, Point Road, Dundalk, Co Louth, and Magoney, Inniskeen, Co Monaghan, which are the property of David Patrick Belton (46), Magoney, Inniskeen, Co Monaghan, either directly or indirectly constitute the proceeds of crime.
The Criminal Assets Bureau had applied to the court for those orders, under section 3 of the Proceeds of Crime Act.
Mr Justice Feeney said yesterday he accepted evidence by Det Chief Supt John O'Mahoney and others that Belton was involved in cross-Border smuggling of oil products and involved in "a sizeable degree of illegality and criminality in running the business of selling fuels".
He ruled that evidence that Belton was involved in laundering fuel while operating two filling stations in Galway in 2004 was admissible. These activities occurred on the only occasion when Belton was licensed to deal in oil products.
The judge also accepted evidence that Belton was continuously on social welfare either in the Republic or Northern Ireland between 1991 and 2004 and had paid "little or no tax" in either jurisdiction.
The judge found Belton had secured mortgages for the houses, purchased in 2000 and 2001, after claiming to be a manager of a filling station in Belfast earning £40,000 sterling a year, when he was claiming social welfare.
It was further established that Belton paid the mortgages on the houses, which amounted to approximately £280,000 for both, with significant numbers of round cash payments and third-party cheques, the judge said.
Mr Justice Feeney also accepted evidence that Belton had made a settlement of £144,000 sterling with the Northern Ireland Assets Recovery Agency.
He rejected arguments by the defence that Belton's fuel smuggling offences were predominantly "extraterritorial fiscal offences" against UK law and were not covered by the provisions of the Act. He also dismissed claims that the action was brought outside statutory time limits.
"Fuel smuggled into one jurisdiction which is then sold must be paid for in the jurisdiction where it was sourced," he said.
The judge noted it had been contended that Belton's estranged wife had an interest in the house in Dundalk, while his current partner had an interest in the property at Inniskeen, Co Monaghan, where the women respectively reside.
While it was claimed that the making of any order would prejudice their interests, Mr Justice Feeney said that there was no evidence before him that either woman had an interest in the properties.
He noted that nobody other than the defendant was owner of the properties and his was the sole name on the mortgages.
However, if the women wished to assert an interest, they could do so.