CAB to repossess home bought by proceeds of crime
A man whom the bureau alleges was involved in significant crime relating to unlawful drugs lives in the property with his wife and a number of children.
About €26,000 is to be paid to the man’s wife and father, the registered owner of the property, with all other monies arising from the sale to go to the Exchequer.
The three-judge court, in making the order yesterday, directed nothing may be published to identify the parties affected by the order. Ms Justice Susan Denham said the prohibition on publicity was to protect the children living in the property.
The court has ruled the occupants of the property must vacate it by June 30 next, after which the property will be sold by the bureau.
The man’s wife is entitled to remove certain specified items and, when vacant possession is delivered up, must be paid a sum of €6,348 immediately by CAB for her interest in the property, the court ordered.
It also directed, when sale of the property is complete, another sum of €20,000 should be paid to the man’s father with the remainder of the proceeds of sale to go to the Exchequer.
In December 2008, CAB secured an order in the High Court entitling it to possession of the property for the purposes of selling it.
The judge had directed the names of the parties could be published after January 19, 2009 but a stay on that publication order plus a stay on the order for possession applied pending appeals by the man’s father and his wife to the Supreme Court.
Yesterday, Ms Justice Denham, sitting with Mr Justice Adrian Hardiman and Ms Justice Fidelma Macken, said the court found no error in law in the conclusions of the High Court that CAB was entitled to possession.
However, in all the circumstances of the case, notably the fact that children residing in the property would be vulnerable to any publicity, the court would direct that nothing could be published to identify the parties, she said.
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