The High Court has made a proceeds-of-crime order covering a County Kildare family home, cash, jewellery and money from the sale of a car associated with A.W. and E.W.
Mr Justice Feeney found that the six assets identified by the Criminal Assets Bureau were, on the balance of probabilities, purchased, obtained or funded directly or indirectly from A.W.'s criminal activities.
The property included the respondents' family home, referred to as House A, which was registered solely in E.W.'s name. Also covered were €10,900, £1,180 sterling and IR£559 found during a July 2007 search, an 18-carat diamond cluster ring valued at €6,100, and the net proceeds from a Volkswagen Passat sold by agreement during the proceedings.
CAB presented evidence that the couple had access to substantial unexplained funds despite limited identifiable income. After excluding a disputed alleged €100,000 cash payment connected with the house transaction, the court still found evidence of substantial funds from unknown sources between 2002 and 2007.
E.W. said €118,000 of the money used to buy the home had been given to her by a great-aunt whom she had cared for. The judge rejected that evidence as lacking credibility. He noted the absence of documentary support, inconsistencies about where the cash had been kept and evidence that E.W. had sought rent assistance while she said she possessed the large cash sum.
The court concluded that the entire cash purchase price of at least €140,000 for the home probably came from A.W. and from funds generated by his criminal activity.
E.W. argued that restraining the family home would create a serious risk of injustice and interfere disproportionately with her rights under Article 8 of the European Convention on Human Rights. The court rejected that argument, while noting that questions about the timing or manner of any future possession or sale did not arise at this stage.
The section 3 order prevents dealing with or diminishing the value of the identified assets. It is not, by itself, a final confiscation or possession order.