Judge rules that 'exotic' lifestyle of alleged Hutch gang associate was subsidised by crime proceeds

Delivering his judgment, Mr Justice Alexander Owens said that 'obviously quite large sums of money' were available to James ‘Mago’ Gately and his partner to live an 'exotic lifestyle'

The Criminal Assets Bureau had initiated the proceeds of crime case against the alleged Hutch gang associate and his partner Charlene Lam. File picture

The High Court has ruled that a house owned by gangland figure James ‘Mago’ Gately and his partner was “overwhelmingly the proceeds of crime”

Delivering his judgment, Mr Justice Alexander Owens said that “obviously quite large sums of money” were available to the couple to live an “exotic lifestyle”. This lifestyle was funded by the proceeds of crime, he said, along with a car and Rolex watch.

However, Mr Owens refrained from making an order on the Mr Gately’s home as it is not known what mortgage payments may have been made and how since it was seized in 2019.

The Criminal Assets Bureau had initiated the proceeds of crime case against the alleged Hutch gang associate and his partner Charlene Lam.

The CAB had targeted the couple’s family home in Glin Drive, Coolock, Co Dublin, a Volkswagan Golf and a Rolex watch, which it seized in 2019.

Barrister David Dodd BL, for the CAB, had said it had not been disputed that Mr Gately was a leading member of the Hutch organised crime gang and had been arrested in relation to a number of serious offences although he was not convicted of them.

Counsel argued the evidence was clear that their lifestyle, including a €440,000 extension to their home in Coolock and numerous foreign holidays, could not be covered by the "paltry" €24,000 a year that Ms Lam earned as a beauty therapist. Their explanations for all these were not credible, he said.

Claims that work on the remodelling and doubling the size of their home was done by Mr Gately, his family and friends did not stand up to scrutiny, he said. Expert reports on such costs obtained by both sides showed very little discrepancy about the value of the extension to the house which they bought in 2013 with a mortgage.

Mr Gateley, the court heard, has not worked since 2015 because of threats and attempts on his life and depends on his partner to fund him.

The first of those was in 2017 when Estonian hitman Imre Arakas was brought to Ireland to murder Gately but was arrested by gardaí. He later pleaded guilty to conspiracy to murder Gately and was jailed for six years.

David Perry BL, for the couple, said his clients fully contest the CAB application and say the assets being targeted were legitimately obtained.

Ms Lam has no connection with crime and paid the mortgage on the house which means she has an equitable interest in it, he said.

People assumed that because of the attempts on his client’s life there was a criminal connection but Mr Gately says this is misplaced and it did not prove he was involved in organised crime, counsel said.