John Gilligan 'to be forced out of home by end of year'
Published 10/07/2014 | 07:55
DRUG trafficker John Gilligan and his family could be out of their homes by the end of the year after a Supreme Court ruling went in favour of the Criminal Assets Bureau.
Efforts by Gilligan, his wife Geraldine, and grown-up children Darren and Treacy, to keep three houses were dealt another blow yesterday leaving the CAB one step closer to wrap up a legal battle they first started in 1996.
The CAB has already succeeded in taking the massive Jessbrook equestrian centre in Kildare off Gilligan and selling it on.
But now it is closer to seizing a house beside Jessbrook where Geraldine Gilligan lives, as well as two houses in Dublin owned by the family.
In an effort to frustrate the CAB Gilligan had sought to have a forensic accountant appointed, at a cost to the taxpayer, in an effort to prove to the courts that he had bought the houses with gambling winnings and not with the proceeds of crime.
However, the Supreme Court has now rejected Gilligan's claim and said if he wanted to argue that point he should have done so when the matter was before the High Court, which found in the favour of the CAB.
"In substance, what is sought is to re-open an issue which was fully fought before the High Court, on full notice to the Gilligans, on the basis of seeking to procure new evidence which could and should have been available, if desired, at that High Court hearing," said Mr Justice Frank Clarke delivering the judgement of the Supreme Court ruled yesterday.
The judgement added that to allow new evidence to be put before this Court would be to allow a party to “have a dry run in the High Court and then try and mend its hand on the evidence in the event that its case failed”.
“I can see no justification whatsoever for permitting that course of action to be adopted," said the ruling.
The CAB now has one more legal hurdle to await judgement on, with the Gilligans arguing that their constitutional rights were breached by the courts process.
“Gilligan has tried everything to delay and prolong the legal process, but now they are coming to the stage where there is no more room,” one source told Independent.ie.
All affidavits to the next legal challenge have to be lodged by the end of this month and the legal challenge is expected to be heard soon afterwards.
“Once that is out of the way, and if CAB is successful, it will be able to move on to a full hearing on the last stage of the seizure process in the next legal term, and that could all be done and dusted by year-end,” the source explained.
The properties the Gilligans are fighting to hold onto are the house beside the Jessbrook centre where John Gilligan bolted to after his release from jail last October, as well as a house on Corduff Avenue in Blanchardstown and a house at Willsbrook View in Lucan.