The High Court has ordered restraint under the Proceeds of Crime Act over properties and other assets that it found, on the balance of probabilities, were acquired with or in connection with proceeds of crime. The decision followed an application by the Criminal Assets Bureau (CAB) under section 3(1) of the Act.
Mr Justice Alexander Owens delivered judgment on 15 February 2023. He said the evidence established a prima facie probability that Ross Browning controlled the properties at Naul, near Naul in County Dublin, and Deanstown Road, as well as two plots at North Beach in Rush. The court found that money from Browning funded substantial building work at Naul and renovations at Deanstown Road. The judgment also found that the two Rush plots were probably acquired with cash ultimately sourced from proceeds of crime.
The court found that other assets were derived from crime proceeds, including a motorcycle, an Audi SUV, a Mercedes-Benz van, a car, luxury watches and a ring, and cash found at one respondent’s home. It did not accept the Bureau’s case concerning €2,800 found at Chestnut Lodge or €2,750 found in a Dublin 1 flat, finding insufficient circumstantial support for those claims. The judgment’s findings on individual items varied; it did not treat every seized item alike.
The court rejected Ellen Conway’s argument that the claim concerning Naul was time-barred because it had not been brought within two years of William Conway’s death. It held that the limitation provisions relied on did not apply to section 3 proceedings. It also held that the estate had not been in possession or control of Naul when the proceedings began, though the estate could contest the application after Ellen Conway was joined.
The judgment sets out the court’s intended orders and conditions. It was disposed to restrain Chestnut Lodge and its curtilage, while providing Julie Conway and her husband with a quarter of net proceeds if that part of the property is sold. The rest of Naul was to be subject to a €59,648 lien in favour of William Conway’s estate, payable from sale proceeds. Deanstown Road was to be restrained subject to a €103,037 lien for Ian O’Heaire, also payable on sale. Neither lien would carry interest. The court said it would make orders over the remaining items found to derive from crime proceeds.
The judgment describes these as orders under section 3(1), but its concluding paragraphs state that the court was “disposed” or “minded” to make them. The supplied extract does not include a separate formal order, so the precise implementation of those terms is not clear from this source.