COURT REPORT:CONVICTED KILLER Eamonn Lillis is not entitled to any interest in assets jointly owned by himself and his dead wife Celine Cawley, it was argued before the High Court yesterday.
The assets at issue include the family home in Howth, Co Dublin, with an estimated value of €750,000-€800,000, an apartment in Sutton with an estimated value of €190,000-€200,000, and several investments worth some €68,000. Another property in France is the subject of separate legal proceedings to come before a French court.
Lillis (53) is serving a sentence of six years and 11 months at Wheatfield Prison for killing his wife with a brick at their home in Howth in December 2008. Ms Cawley’s sister, Susanna, and her brother, Christopher, as joint administrators of her estate, along with Mr Lillis’s daughter, Georgia, are seeking orders to prevent Lillis securing any interest in assets that were jointly owned by the couple.
The plaintiffs, who were in court yesterday, have asked Ms Justice Mary Laffoy to rule, that as a result of his actions, Lillis is not entitled to any interest in the assets, which they argue should fully transfer to Georgia.
Lillis, who also attended, is legally prevented from inheriting any of his wife’s assets because he was convicted of killing her.
In submissions, Séamas Ó Tuathail SC, for Lillis, argued his client is entitled to half of the jointly-owned assets and also has constitutional rights in respect of the properties. The hearing of the application concluded yesterday and Ms Justice Laffoy, reserving judgment, said she hoped to give her decision as soon as possible.
Earlier, Brian Spierin SC, for the plaintiffs, said the effect of Lillis having an interest in the assets, including the family home, would have the effect of “binding two people together” in circumstances where Georgia had said in an affidavit she would rather have “pins stuck in her eyes” than have her father “come within six miles of her home”. In her affidavit, Georgia further denied claims by Lillis that she had entered into an agreement with her father that he could return to the family home after his release from prison.
She also expressed her deep hurt over the actions of her father and said her life would be blighted by her mother’s loss. She had sought answers from her father over what had happened but got none and she no longer felt a duty towards him, she said. Ms Lillis also fully supported the action against her father, the court heard.
By virtue of Lillis’s killing of Ms Cawley, the court should rule Lillis had effectively predeceased his wife, which would result in all the assets being transferred to their daughter, counsel said.
It would “revolt the human mind” if Lillis were to obtain a 100 per cent interest in assets jointly owned by himself and his dead wife Celine Cawley, he said. It was a general proposition of public law that Lillis could not benefit from his killing of his wife.
In reply Mr Ó Tuathaill said Lillis was not asserting any claim over his late wife’s interest in the joint-held assets but wanted a declaration he is entitled to a 50 per cent share of the said assets.
In affidavits to the court, Lillis expressed his regret over the events leading up to, during and after the death of his wife. He also complained about media coverage of the case.