Patrick "Dutchy" Holland claimed at the High Court yesterday that a house sold by the Criminal Assets Bureau (CAB), which the CAB said was owned by Holland and his ex-wife, had already been sold by the pair.
Holland made the claim when applying for discovery of documents which he said were necessary for preparation of his legal challenge to the constitutionality of sections of the Proceeds of Crime Act 1996 (POCA) - the legislation under which the CAB operates.
Holland (60) is serving a 12year sentence for possession of cannabis resin for sale and supply.
The application was heard by Mr Justice Kelly yesterday.
Holland said the CAB had seized and sold a house at Brittas Bay, Co Wicklow. He said he and his ex-wife had owned that property but had sold it to another man. Mr Bryan Murray, for the CAB, said it was contending the sale of the property to the other man was never concluded.
Mr Holland said the CAB had raided the offices of the solicitors who had acted for the man to whom the property was sold.
Ruling on the application, Mr Justice Kelly noted that Mr Holland accepted three of the categories of documents he was seeking did not exist. In relation to the fourth and last category, the documents relating to the CAB raid on the legal firm, the judge said those documents were not relevant to Holland's judicial review challenge and refused an order for discovery.
The judge also made a recommendation that Holland receive legal aid to pursue his judicial review action.