Confiscation of Gilligan's assets 'in public interest'

Assets belonging to drugs smuggler John Gilligan valued at €17m should be confiscated as a matter of public interest, the Supreme Court was told today.

The five-judge court heard that stripping the jailed drug lord of his Co. Kildare equestrian centre and homes in West Dublin was separate from his criminal convictions.

Edward Comyn SC, counsel for the State, argued that the seizure and confiscation of the properties was neither a punishment nor a sentence.

He insisted the process, initiated by the Criminal Assets Bureau, was completely independent of Gilligan’s trial in the Special Criminal Court which ended with the drugs boss being jailed for 28 years.

The sentence was cut to 20 years on appeal.

The State is appealing a High Court ruling which stated the confiscation of Gilligan’s Jessbrook Equestrian Centre and acres of land in Enfield and homes in Lucan was unlawful.

Mr Comyn FC told the court that powers given to the CAB were innovative, acted as a deterrent and were being copied by other countries, notably the United Kingdom.

He said the seizure and confiscation process could be applied to any citizen in the State independent of prosecution, and as an ancillary process.

The court also heard that there could be a relaxation of rules regarding evidence when judges were dealing with seizure orders from the CAB.

In December 1996 the bureau secured an order under the Proceeds of Crime Act preventing the Gilligan family from disposing with the Kildare and Dublin properties.

Under CAB legislation seven years must elapse before frozen assets can be seized under a court order.

CAB applied to the High Court to dispose of the assets, but was refused.