In the High Court yesterday CAB was granted orders for the attachment and committal to prison of Roger O’Grady for failure to comply with undertakings to lodge the €30,000 proceeds from the sale of a BMW car to a CAB account.
Mr Justice Kevin Feeney said Mr O’Grady had “clearly failed” to comply with the undertakings he had made and no explanation for this failure had been given. Mr O’Grady, 29, with addresses at Ballinphuill, Tibuhine, Castlerea, Co Roscommon and Frenchpark, Co Roscommon, was not in court yesterday and is believed to be outside of the jurisdiction.
Barrister Benedict Ó Floinn, counsel for CAB, said the bureau had previously obtained a number of freezing orders in respect of assets belonging to Mr O’Grady which CAB believed were the proceeds of crime.
The assets are a white BMW 520 car, a red Ferrari F355, a Robinson R22 helicopter, an Audi A4 and a sum of cash.
The judge heard that CAB’s legal officer, Mr Declan O’Reilly, had been appointed receiver in respect of the assets.
On July 13 last he had given undertakings to the court that €30,000 obtained from the sale of the BMW and £25,000 from the proceeds of the sale of the Ferrari in Northern Ireland would be lodged to a bank account nominated by the receiver.
Mr Ó Floinn said the undertakings were given while Mr O’Grady was represented by solicitors and counsel. The money was to be lodged within days, but this had not been done.
Counsel said that while CAB had recovered possession of the Ferrari in Northern Ireland, and the keys of that car had been posted by Mr O’Grady to the bureau, the sum of €30,000 in respect of the BMW had not been paid.
Mr Ó Floinn said that as a result of Mr O’Grady’s failure to make that payment he was in contempt of court and CAB was seeking an order for his attachment and committal to prison.
Counsel said that in regards to the other assets Mr O’Grady had contacted CAB and told them the helicopter could be collected from the roadside along the Lissnaskea to Derrylin Road in Co Fermanagh. The Bureau had no details about the Audi A4.
Martin Giblin, SC for Mr O’Grady, said he had no instructions from his client at this time and was unable to assist the court in relation to CAB’s application.
Mr Justice Feeney said that in light of that information he would allow Mr Giblin and his instructing solicitors bring a motion seeking to come off record for Mr O’Grady.
The judge also adjourned the case to a date later this month.