CAB ordered to seize criminal's two properties
Published 20/01/2010 | 05:00
THE High Court yesterday appointed Criminal Assets Bureau (CAB) legal officer Frank Cassidy as receiver over two properties belonging to a Dundalk man after they were found to have been acquired through the proceeds of crime.
Mr Justice Kevin Feeney also ordered that Mr Cassidy take control of €70,000 in cash that had been obtained from the sale of a third property owned by Barry O'Brien and his wife, Majella, of 'Oaktate', Stonetown, Carrickmacross Road, Dundalk, Co Louth.
The judge last week ruled that two other properties -- the family home 'Oaktate' and a house at Greaghlone, Carrickmacross Road -- were the proceeds of crime and the matter was adjourned until yesterday.
Mr Cassidy told the judge that, in relation to the family home, CAB was willing to wait until the end of the school year so as not to disrupt the school-going of the O'Briens' five children.
The judge said he would appoint Mr Cassidy as receiver over the cash and over both properties but he would postpone his order in relation to the family home until October.
He said this was because there were two outstanding appeals to the Supreme Court in relation to the rights of mothers and children of people who had funded properties from the proceeds of crime.
The judge refused an application not to award costs against O'Brien because of the "inconsistent and contradictory nature" of the evidence he had presented to the court.
The court heard that O'Brien made a number of applications to obtain mortgages using false information.
Last year, the High Court heard Barry O'Brien had previous convictions dating to 1999.
He is also wanted in Northern Ireland after he fled there after being charged with smuggling cigarettes.