The High Court has made an order that the Criminal Assets Bureau (CAB) can seize a luxury mansion in west Dublin that is "effectively owned" by cartel boss Daniel Kinahan.
The court also heard that Detective Chief Superintendent Seamus Boland, of the Drugs and Organised Crime Bureau, outlined in an affidavit that Daniel Kinahan (45) is an individual who "sanctioned a number of murders" as part of the Hutch/Kinahan feud.
High Court judge Mr Michael MacGrath today ruled that the five-bedroom property in Saggart which was valued at €750,000 in 2013 and "is likely to be worth a lot more now" is deemed to be the proceeds of crime. The house at Coldwater Lakes in Saggart near Tallaght is the first property that has been seized from Daniel Kinahan.
Ms Shelley Horan BL, acting for CAB, said today it was "noteworthy" that no one had come forward to claim ownership for such a "valuable property", which she said was "very telling".
CAB's view, Ms Horan said, was that it was "highly improbable" that Daniel Kinahan would engage in the case "because that would involve asserting an interest in a property he has hitherto sought to conceal".
No response
The High Court heard in July that CAB officers had written to the 45-year-old cartel leader at two separate business and residential addresses that are believed to be linked to him in Dubai but he had not responded.
Ms Horan informed the court today that service was already effected on Kinahan and asked the court to deem the service on Kinahan "good" despite the cartel boss "not communicating directly" with the bureau. In the affidavit Detective Garda Declan Fitzgerald said that is "implausible" that he is unaware of the existence of today's hearing.
In sworn affidavits, CAB said the house was sold for €2 million in 2006 to a company.
The High Court previously heard it is alleged that Kinahan and criminal Thomas "Bomber" Kavanagh gave the now jailed businessman Jim Mansfield Junior (54) two suitcases containing €4.5 million, which was to be invested in property for the cartel.
That deal collapsed when Mansfield's finances suffered during the economic downturn but it is alleged that Mansfield Jnr later reached a deal with the cartel to repay them by giving them a house at Coldwater Lakes in Saggart. At a previous hearing in April, CAB said that Kinahan has effectively owned the property since 2014.
Head of the Criminal Assets Bureau Detective Chief Superintendent Michael Gubbins outlined in an affidavit the evidence gathered to show that Daniel Kinahan lived in the property.
The senior detective said in his affidavit that Kinahan is suspected to be in a leadership role in the Kinahan Organised Crime Group. He also said that Kinahan played an "integral part" in importing controlled drugs and weapons to Ireland, the UK and mainland Europe, as well as money laundering.
'Sanctioned a number of murders'
The Det Supt also said that Daniel Kinahan is an individual who "sanctioned a number of murders" as part of the Hutch/Kinahan feud.
CAB believes that Kinahan lived in the house in January 2015 as a passport in his name and also an Aer Lingus baggage sticker in his name were located during a search.
Ms Horan said €3,850 in cash was also located during the search in the back bedroom where documents belonging to Kinahan were found. The court heard it is likely that the cash also belongs to Kinahan.
The court heard that the property and cash were both in the control and possession of Daniel Kinahan "but namely Mr Kinahan" and that Kavanagh was acting as his agent.
Ms Horan said that letters sent to Kinahan by Detective Garda Declan Fitzgerald were returned to the bureau and then served on him again in September by registered post.
Ms Horan said Kinahan had access to these addresses and that a third address relating to a passport application was also used. Gardaí also called two phone numbers that Kinahan put on a recent passport application but got no response. They also sent an email to an email address belonging to him.
Mr Justice MacGrath said he was satisfied that Kinahan could not but be aware about the proceedings before the High Court and that all reasonable efforts had been made by the bureau to serve him.
The High Court heard that a close friend and best man for Kinahan, who is now living in the house at Coldwater, was contacted in March of this year and informed that the bureau needed to speak to Kinahan regarding the application. This man indicated to the bureau that he did not want to be involved but said that he would "reach out" to Kinahan and would do so again but could not confirm if Kinahan would contact gardaí.
CAB has been trying to serve papers on Kinahan since last April and the bureau must serve papers on the various respondents in the case before it can seize the property.
Ms Horan also told the High Court today that Kavanagh had already been duly served and that he was fully aware of today's proceeding and did not appear to contest the case.
In his ruling, Mr Justice MacGrath said the court was satisfied that Daniel Kinahan and Thomas Kavanagh are in control of the property and the €3,850 seized and that they directly or indirectly constitute the proceeds of crime.
The judge said he was satisfied that the two respondents had been duly served, are aware of Thursday's proceedings and that they had not attended court today nor appointed representatives on their behalf.
