ACCOUNTANTS AND lawyers face having their offices and homes bugged if gardaí suspect they are destroying financial records owned by their gangland clients or are creating false records on their behalf, it has emerged.
A Garda superintendent or higher and a Revenue official at principal officer rank or higher can sanction the planting of bugging devices for 72 hours in the offices of professionals, without the need for court approval, once they believe financial records are being destroyed or falsified.
The devices can remain in place for three months once a District Court judge sanctions them.
The wide-ranging new powers are contained in the Criminal Justice Surveillance Bill 2009 published yesterday by Minister for Justice Dermot Ahern.
Under the Bill, new covert surveillance powers have been extended to gardaí, Army officers and senior Revenue officials. The Defence Forces and Revenue have been included because they investigate foreign terrorist threats to the State and major white-collar crime respectively. The legislation provides for audio and video covert bugging devices to be planted for the purposes of investigating arrestable offences carrying a five-year sentence on conviction. Anything recorded would then be used in evidence against suspects to secure convictions for a whole range of offences associated with organised crime.
Gardaí have long conducted covert surveillance, including phone taps, but the Bill provides for information gathered to be presented as evidence in court. Up until now such information was only be used as intelligence to help progress Garda investigations.
The legislation is primarily designed to gather evidence against suspected gangland figures. However, measures dealing white-collar crime, such as money laundering, associated with organised crime, are also included in the new legislation.
Within the remit of the Bill are Revenue offences including various crimes around the illegal importation, storage and sale of smuggled alcohol and tobacco products, as well as illegal fuel.
However, section 1078 of the Taxes Consolidation Act 1997 is also covered by the Bill, meaning suspected breaches of it can be tackled via the new covert surveillance procedures.
That section of 1997 Act makes it an offence to deliberately return incorrect accounts or other tax records or to incite another person to do the same. It also deals with destroying or concealing records sought by Revenue officers.
The surveillance Bill will involve gardaí, Army officers and senior Revenue officials applying to the courts for permission to plant the devices. The bugging equipment can be planted in any dwelling and even in public places without the permission of any person once a District Court judge approves.
The applicant can enlisted the assistance of “any person” they see fit in assisting them gain access, forcibly if needed, to the dwelling or other building where surveillance cameras and audio recorders are being installed.
Bugging devices can be planted for up to three months and will be renewable thereafter. In emergency cases, where evidence is being destroyed or where a suspect is about to flee, a device can be planted for up to 72 hours without court approval.
If court approval is not sought, a Garda officer of the rank of superintendent or higher and a Revenue official of the grade of principal officer or higher can sanction the planting of bugging devices.
This includes in the offices of professionals once they believe financial records are being destroyed or falsified.
A tracking device can also be attached to a suspect’s car for four months without the need for any court approval. Written records must be maintained. Anybody who believes they have been unfairly targeted has the power of appeal to a High Court judge.