State lodges application to confiscate brothel-keeper's assets

An application by the State to confiscate the assets of a jailed brothel-keeper has opened at Dublin Circuit Criminal Court.

Martin "The Beast" Morgan (aged 44) is serving a three-year sentence imposed in March 2008 by Judge Frank O’Donnell following his unanimous conviction by a jury of organising prostitution and running a brothel at a Bachelor’s Walk apartment in the city centre on dates from August 22 to October 10, 2005.

He was also €24,000 by Judge O’Donnell who described his activity as: "A magnificent operation, highly sophisticated and highly rewarding and not a petty little business working on a shoestring."

Morgan with addresses at Herbert Lane, Ballsbridge and Blackstock Road, London, and formerly of Blacksheep Road, Blanchardstown, was found guilty on three charges following an 18-day trial.

Mr Fergal Foley BL told Judge O’Donnell that the State’s confiscation application was being made under provisions of the Criminal Justice Act 1994 and that it was a matter for Morgan to either accept or reject all or some of the grounds on which it was based.

He said a list of 10 questions had been given to Morgan and his legal advisers and the court might "at any time" order Morgan to give information required by the court which could "draw inferences" if he failed "without reasonable excuse" to do so.

Mr Foley said that if Morgan failed to comply with the order of the court "without reasonable excuse" or if he provided false information he faced a possible five year sentence on indictment or a fine or both.

He said the list of questions had not been given to the court in advance until the defence lawyers could decide on their approach to the application.

"Any information given under this legislation cannot be admissible as defence evidence except in relation to a prosecution under this legislation," Mr Foley told Judge O’Donnell.

Mr Foley said the profit margins of the business would have been "quite astronomical" based on the records seized by the gardaí and on garda observation of paying customers and it was not clear where the benefit of that money had gone as Morgan claimed to have no assets.

He said as Morgan had funded his own defence during a 19-day trial last year it appeared he had a considerable amount of money available to him when he was at liberty and asked the court to make certain enquiries.

Mr Michael O’Higgins SC, defending, submitted that it was "premature" of the State to be making enquiries about his client’s realisable assets when no order of "pecuniary advantage", which he said had been estimated by the State at approximately €252,000, had yet been made by the court.

Mr O’Higgins submitted that questions in the form of cross-examination being passed to the Judge was not what was envisaged by the legislation. He said there was also potential difficulties of prejudice for Morgan in dealing with this matter when his appeal was pending.

Mr Foley said the application should be dealt with speedily in case of assets being hidden.

Mr O’Higgins said the matter of possible confiscation had been flagged a year ago and if assets were going to be hidden it could have been done then.

Judge O’Donnell adjourned the matter until later to consider the submissions by counsel.