Gilligan: 'I've no money'

The State's attempt to confiscate the assets of convicted drug dealer John Gilligan rests on the evidence of Assistant Garda Commissioner, Tony Hickey, the Special Criminal Court heard today. Mr Gilligan briefly interrupted the proceedings from the dock to tell the court he has "no money".

Prosecution counsel said the evidence of protected witnesses, Charles Bowden and Russell Warren, who are outside the jurisdiction and unavailable to give evidence, was very much "secondary evidence".

The court has been told by Assistant Commissioner Tony Hickey that Gilligan made a gross profit of almost €47m from importing around 19,000 kilos of cannabis resin over a two-year period. He said that Gilligan's net profit was €17,806,000.

The court ruled last month that Bowden and Warren had relevant evidence to give in the court's decision on the extent to which Gilligan benefited from drug trafficking.

In his closing submission yesterday, prosecution counsel Eamonn Leahy SC said "the person who knows most about the benefit reaped by Mr Gilligan is Mr Gilligan."

The absence of testimony from Bowden and Warren in the confiscation hearings "does not impinge in any way on Mr Gilligan's capacity or right to give evidence in this regard".

Mr Leahy added that any evidence they would give would be "secondary evidence" that may or may not corroborate evidence that could be given by Mr Gilligan himself.

Closing for the defence, Michael O'Higgins SC questioned the State's assessment, saying this was not a case where there was paperwork or VAT payments to rely on.

The only document "on the entire garda file" which recorded the sale price of a kilo of cannabis was that submitted by Commissioner Hickey.

There was not, he added, "a single document in existence setting out the buying price."

Mr O'Higgins submitted this was "light years away" from the evidence required by a court before it could make an order for the sum required by the State.

Mr Gilligan had no realisable assets for that amount and it was not open to the court to make such an order unless there are sufficient funds to cover it, he said.

In a brief response, Mr Leahy said there was nothing in the act to say: "If you can't find it you can't have it" and that in making a confiscation order, the court was under no obligation to identify particular assets.

At that point, Mr Gilligan interjected from the dock saying: "I'm saying that, to this court, I've no money."

The court has heard that the State wants the High Court to appoint a receiver to realise Gilligan's assets which allegedly include an equestrian centre at Jessbrook, two houses in Lucan, a house at Blanchardstown, six vehicles, 16 bank accounts and more than £5m he staked in bets.

Gilligan is serving a 28-year prison sentence imposed by the Special Criminal Court on March 15 last year for importing cannabis resin.

49-year-old Gilligan, with addresses at Corduff Avenue, Blanchardstown, Dublin, Jessbrook Equestrian Centre, Mucklon, Enfield, Co Kildare, was convicted on March 15 last of 11 offences alleging that he unlawfully imported cannabis resin into the State on various dates between July 1, 1994 and October 6, 1996, that he unlawfully possessed cannabis resin for sale or supply on the same dates and that on or about October 3, 1996 at Greenmount Industrial Estate, Harold's Cross, Dublin he had cannabis resin for sale or supply.

He was found not guilty of the murder of journalist Veronica Guerin on June 26, 1996.

Mr Justice Diarmuid O'Donovan, presiding, said the court would issue its ruling at a later date.