The High Court has ordered a receiver to take possession of two Dundalk properties after finding on the balance of probabilities that they were purchased and funded using proceeds of crime.
The Criminal Assets Bureau brought proceedings against Barry O’Brien and Majella O’Brien concerning their family home at Oaktate, Stonetown, Carrickmacross Road, a second property at Greaghlone on the Carrickmacross Road, and the proceeds from the earlier sale of 6 Mountain Court, Point Road.
The Mountain Court property had been sold with High Court approval, leaving about €70,000 in net proceeds held by a solicitor pending the outcome of the case.
Mr Justice Feeney accepted evidence that there was a substantial mismatch between the respondents’ identifiable income and the money available to them. A forensic accountant calculated that €298,547 had come from unknown, unexplained or uncorroborated sources, including more than €170,000 in unexplained bank lodgements and an estimated €90,000 connected with building the Oaktate home.
The court also found that Barry O’Brien had given inconsistent accounts of his earnings. At different times, he claimed substantial cash income while also receiving means-tested social welfare and making tax returns based on no income. The judge said no credible or consistent explanation had been provided for the funds used to acquire and finance the properties.
Majella O’Brien argued that an order over Oaktate, where the couple lived with their four dependent children, would create a serious risk of injustice and interfere with family and home rights. The court rejected that submission. It found no evidence that she had made an identifiable financial contribution to acquiring the property and held that the need for a family home could not by itself defeat legislation designed to deprive people of assets obtained through crime.
Feeney J therefore made section 3 orders over Oaktate, Greaghlone and the retained Mountain Court sale proceeds. He also ordered the appointment of a receiver, with the receiver’s identity, powers and the timing of possession to be settled after further submissions.