THE HIGH Court has set aside two weeks in June to hear convicted drug dealer John Gilligan’s challenge to findings that certain assets of himself and his family were the proceeds of crime.
In proceedings under section 3.3 of the Proceeds of Crime Act 1996, Gilligan and members of his family claim an injustice was caused to them arising from freezing orders being made against a number of their properties in July 1997 by Mr Justice Michael Moriarty.
The properties include Jessbrook House, Enfield, Co Meath, where Geraldine Gilligan lives, an equestrian centre attached to it, the former family home in Blanchardstown and two houses in Lucan bought by Gilligan for his son Darren and daughter Tracey.
The case was before the High Court yesterday for case management. Mr Justice Kevin Feeney set aside two weeks to hear the action, beginning on June 8th. If the case runs beyond two weeks, it will be adjourned on June 18th and get under way again in early July.
Benedict Ó Floinn, for the Criminal Assets Bureau, told the court that six lever arch files containing documents relevant to the action had been made available to Gilligan at Portlaoise Prison.
Mr Ó Floinn said the bureau was not proposing to call witnesses but intended to submit witness statements, all of which had been furnished to Gilligan.
Gilligan, representing himself, said he intended to “cross-examine every witness” and particularly intended to challenge evidence by directors of bookmakers’ firms alleging he had placed more than £5.2million in bets and got £5 million back. He proposed calling managers of the bookmaking firms, he said.
Mr Justice Feeney said Gilligan should provide the court and the bureau with a list of all witnesses he proposed to cross-examine or call in advance of the hearing.
The action follows from the Supreme Court’s rejection in December 2008 of Gilligan’s claims that no definitive orders were made in the 1990s that the assets at issue were the proceeds of crime.
While dismissing that claim, the court said it was still open to the Gilligans to apply to discharge the 1997 freezing order on the properties on the basis an injustice may have been caused to them.