CAB seeks receiver for Gilligan’s properties
The Criminal Assets Bureau (CAB) is seeking to have a receiver appointed to take over the properties so that they can be maintained and/or rented out.
Gilligan, who discharged his legal team yesterday and is representing himself, claimed CAB has no right to take these latest proceedings because he and his family had obtained a stay on the proceedings from the Supreme Court.
However, CAB’s lawyer said the stay was only in relation to any future sale of the properties, not whether a receiver can be appointed to look after them pending any future order.
The High Court has already found the properties were bought with the proceeds of crime but the Gilligans are contesting this.
Gilligan told Mr Justice Kevin Feeney there had been no hearing in relation to having the properties declared proceeds of crime. He claimed the High Court order had been made as a house-keeping or procedural matter.
He and his family have brought an appeal against a decision of the High Court to refuse to set aside the order and are awaiting a hearing of that.
In the meantime, the High Court heard yesterday, CAB believes that unless a receiver is appointed, the properties, which include the Jessbrook Equestrian Centre on the Meath/Kildare border in Enfield, could lose value.
The properties are also at risk of damage or destruction, the cost of which could not be recovered because they are not insured, Michael McDowell SC for CAB told the court.
Jessbrook, including a house, stables and a large show centre, is owned by Gilligan’s ex-wife while Gilligan and his daughter, Tracey, own a house in Willsbrook View, Lucan.
Gilligan and his son, Darren, own a house in Weston Green, Lucan. A fourth property at 13 Corduff Green, Blanchardstown, is owned and occupied by Darren.
Mr McDowell submitted that Jessbrook had all the appearances of being deserted and at “risk of dilapidation” while the Lucan properties were unkempt and not well maintained.
CAB was concerned not only about general insurance but third-party liability should a person be seriously injured on the properties. It was concerned over proceeds from the letting of the properties and possible tenants’ rights which might arise as a result of recent changes in tenancy law.
The court also heard Ms Gilligan’s counsel was concerned about an article and photos of Jessbrook which had appeared in last Saturday’s Irish Sun newspaper along with the content of a Prime Time programme on RTÉ on Monday night. Counsel sought an adjournment to consider both matters in the light of a direction of the president of the High Court in February 2005 that there should be no press releases in relation to Gilligan pending his appeal against the proceeds of crime order.
Mr Justice Feeney said he had neither seen the programme nor the article but he refused an adjournment.
