The High Court has rejected a challenge by Vjollca Huba and Pjeter Huba to the Garda seizure and continued detention of €16,000 found during a search linked to the transnational Operation Wattle investigation.
The cash, consisting of 320 €50 notes, was found in a bedroom wardrobe when Gardaí searched Mr Huba’s home on August 12, 2021. Gardaí were investigating an alleged organised crime group suspected of smuggling migrants, primarily Albanian nationals, through Ireland to the UK, along with alleged money laundering and false-document offences.
Mr Huba was later arrested and questioned in March 2023. A file was sent to the Director of Public Prosecutions, but on April 2, 2024 the DPP directed that there would be no prosecution.
The applicants argued that the money should then have been returned. Instead, Gardaí formally seized it again on April 14, 2024 under section 38 of the Criminal Justice Act 1994, which allows cash suspected of representing criminal proceeds to be detained under court supervision. District Court orders subsequently authorised its continued detention.
Mr Justice Conleth Bradley rejected the argument that using the earlier section 7 evidence-seizure power under the Criminal Justice Act 2006 had been unlawful or deprived the applicants of adequate safeguards. He held that “thing” in that legislation includes cash and that the two statutory regimes serve different purposes: one permits retention of potential evidence, while the other deals with suspected proceeds of crime.
The judge relied in particular on Court of Appeal authority confirming that cash lawfully held as evidence can later be seized under the 1994 Act.
He also rejected constitutional and European Convention on Human Rights challenges, finding the section 7 regime proportionate and sufficiently safeguarded.
The ruling does not determine ownership of the €16,000 or whether it represents criminal proceeds. A separate DPP application seeking forfeiture of the cash remains before the Circuit Court and was adjourned pending this judicial review.