Lawyer saw raid as set up, court told

John Gilligan, the subject of Garda investigations into drug trafficking and money-laundering operations, would have burned or…

John Gilligan, the subject of Garda investigations into drug trafficking and money-laundering operations, would have burned or set fire to his own solicitor's offices to prevent gardai getting information, the High Court was told yesterday.

Det-Insp Terry McGinn was giving State evidence in the action taken by Michael E. Hanahoe and Co, solicitors, who are seeking an order to quash decisions of Judge Gillian Hussey at Kilmainham District Court on October 3rd last.

The judge had granted warrants to search the firm's offices. The gardai, it was alleged, arrived at the firm's offices at Sunlight Chambers, Parliament Street, Dublin, within a short time of the warrants being issued. They removed files relating to property transactions on behalf of John Gilligan and his wife, Geraldine.

Insp McGinn, who is in charge of the money-laundering investigation and commercial fraud unit, said she told Judge Hussey that the Gilligans were dangerous people of the most ruthless kind.

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She told Judge Hussey she believed the Gilligans had been involved in drug-trafficking and money-laundering, that both had operated an account in the name of Matilda Dunne, and that over one year more than £1 million had gone through that account. The Gilligans had told her the money came from bookies' cheques.

Insp McGinn said she knew John Gilligan was not successful at betting; when he engaged in betting he was losing 10 to 15 per cent each time. She believed the money was the result of drug-trafficking.

She had told the judge that, in sourcing the money into the account and the follow-up trail, withdrawals from the Matilda Dunne account were used by the Gilligans to buy properties.

Inquiries had led her to the offices of Michael E. Hanahoe and Co, which had been involved in the purchase, mortgage and discharge of these properties. They had received cheques from the Matilda Dunne account.

Insp McGinn told Judge Hussey she could not get the information in any other way (other than by a warrant), as the Gilligans were ruthless criminals and she believed the information was in the offices of Michael E. Hanahoe.

If the Gilligans had knowledge that she was looking for the information, they would have prevented her from obtaining it by whatever means.

Judge Hussey had then asked if Insp McGinn was suggesting that John Gilligan would burn or set fire to the offices of Michael E. Hanahoe. She told the judge she believed he would.

Insp McGinn said she had consulted the solicitor to the Criminal Assets Bureau about the documents required before they were given to a typist. She briefed the Garda "search team" at 12 noon on October 3rd.

She arrived at Kilmainham District Court at 1.40 p.m. and spoke to Judge Hussey at 2.10 pm. At about 1.50 p.m., on the way to Judge Hussey's chambers to make the application for warrants, she was telephoned by Det-Insp P. Byrne, who was at the "search site". She had sent Insp Byrne there to await her arrival with a warrant.

Insp Byrne had told her he had seen two men outside the offices of Michael E. Hanahoe and he had suspicions they were media people. The search team entered the offices of Michael E. Hanahoe at about 3 p.m. Mr Michael Hanahoe, one of the partners, had told her she could "search away the files".

Mr Tony Hanahoe had said he was "enraged" at seeing the media gathered outside the premises. He said that it could be a "set-up" and told her he was trying to reach the Secretary of the Department of Justice. He had come back minutes later, "even more angry", saying that he wanted to make contact with the Garda Commissioner or her superiors.

She had told Mr Hanahoe that she had not informed the media. To her knowledge, neither had any member of the Garda team informed the media, whose presence could conceivably place at risk the lives of officers, since John Gilligan was a most ruthless and dangerous man.

Mr Justice Kinlen said it was suggested there had been a leak, but that no investigation took place. Insp McGinn said she would not agree.

Mr Donal O'Donnell SC, for Michael E. Hanahoe and Co, said the past-president of the Law Society, Mr Andy Smyth, had given evidence of being informed by the Garda Commissioner that there had been no inquiry. He had understood the State accepted that.

Insp McGinn said there was no official inquiry. She had been asked to "retrace her steps" and could say that, to her knowledge, no member of her team had informed the media.

Mr Justice Kinlen asked if there should not have been an inquiry into how the media were informed between 1 p.m. and 2 p.m. There had been no serious inquiry by the gardai of what was a serious breach.

Cross-examined by Mr O'Donnell, Insp McGinn agreed that the gardai had been met with full cooperation at the solicitors' premises. She was not investigating the firm, but was attempting to obtain vital evidence. She believed they were a reputable firm of solicitors.

Insp McGinn said that a John Traynor was on a list of 20 names associated with the Gilligans. His name was not on the warrants, but if she had found documents in Michael E. Hanahoe's offices relating to Traynor she would have seized them.

Det-Garda Denis O'Sullivan, a member of the search team, said no one had convinced him that the information to the media came from the gardai, but there was a likelihood that it came from that source.

He hoped this was not the case, it would be criminal, and people would be dealt with as such.