Couple refused legal aid to defend CAB case over properties, cash

A Dublin couple have been refused legal aid for defending the Criminal Assets Bureau's (CAB) case alleging that a house, an apartment in Bulgaria and about €72,000 in cash found at their home are the proceeds of crime.

CAB got freezing orders in November 2016 under the Proceeds of Crime Act against Jason Boyle and his parents, Laurence and Rosaleen Boyle in respect of a three-bedroom house at Casement Drive, Finglas worth about €250,000, an apartment at Royal Dreams, Sunny Beach, Bulgaria, and the cash.

The cash was found in plastic wrapping during a Garda search of the parents home at Coolebrook Cottages, Finglas West. The money had been buried in the garden of another property previously owned by the couple before they moved it to their current home, the court heard.

The Boyles deny CAB's claim the properties and cash are the proceeds of crime and, in an application to the High Court, the parents sought admission to the legal aid scheme. If granted that would mean their costs of opposing CAB's claims would be paid by the State. The couple claimed they cannot afford to retain lawyers to defend the action.

Savings

In a sworn statement, Laurence Boyle (58) said the cash seized is his property represents savings from his business over a 10 year period. He said he and his wife jointly own the properties at Casement Drive, where the couple's son Jason resides, and the apartment in Bulgaria.

He said the cash was concealed due to his mistrust of banks and because he did not want one of his sons, Laurence Jnr, whom he said has a drug problem, to get it.

He said he had a wheelie bin cleaning business which he wound down in 2010. He now works as a casual trader for two days a week and earns €150 a week. He said he owes the Revenue some €6,000 and has a credit union debt of €3,000.

The Bulgarian apartment was acquired from an associate in exchange for €7,000, plus a jeep, he added.

Renovations to the couple’s home and house at Casement Drive were paid for from proceeds of sale of their former home and their savings, he said.

The works, he added, were carried out by a friend using materials obtained from websites such as donedeal.ie.

In her sworn statement, Rosaleen Boyle (56) said she is not working. She said the couple sold their previous home and had purchased the current home and the property at Casement Drive with the sale proceeds of their old home and loans from family members.

‘Stack up’

Michael Binchy BL, for CAB, opposed legal aid and said CAB believes “no proper detailed explanation of how the funds were generated had been given to the court by the couple”. Their claims about the origin of the monies did not “stack up”.

Mr Boyle had claimed ownership of €72,500 but did not put any of that to the Revenue debt, counsel said.

In addition to the properties owned, which are all unencumbered, it was claimed €40,000 was spent on renovations, he said.

The renovations included an extension to one of the properties and installation of “a jacuzzi and a surround sound system.”

Refusing legal aid, Ms Justice Carmel Stewart said there were “a lot of anomalies and a lack of explanations” in regards to the assets. Based on the evidence put before the court, she was not satisfied to admit the couple to the legal aid scheme.

The matter was adjourned to next month.