The Criminal Assets Bureau (CAB) is not entitled to orders allowing it to seize some €1.7 million of assets linked to alleged senior Kinahan organised crime gang member Ross Browning, the High Court has heard.
CAB is seeking orders under section 3 of the 1996 Proceeds of Crime Act in respect of assets, including two properties, plots of land, cars, jewellery and luxury watches it claims were acquired with monies from Mr Browning, described as the Kinahan gang's "principal representative" in Ireland.
CAB says the assets were obtained by Mr Browning "intermingling" cash derived from the proceeds of the gang's criminal activities with monies belonging to several members of his family.
While Mr Browning has not contested CAB's application, lawyers representing several members of his family, including his mother Julie Conway and the estate of his late grandfather, William Conway, deny the CAB claims.
The family members have contested the application on grounds including that they have an interest in the assets and say that monies spent on the various items came from legitimate sources.
Represented by Shane Costelloe SC, Mr Conway's estate claims any claim by CAB in relation to assets in Mr Conway's name should have been made, within two years after his death in November 2018, but were not.
CAB's application must fail because the statute of limitations for any claim on the estate has expired, her argued.
The court heard that a property in Garristown in north Co Dublin, which CAB claims was acquired by money from Mr Browning, was acquired by money legitimately obtained by the late Mr Conway.
Mr Browning's mother, Julie Conway, and her husband, retired garda David O'Brien, say they live in a renovated cottage on the Garristown lands, now called Chestnut Lodge.
They claim Mr Conway had verbally said he wanted the couple to have Chestnut Lodge but had died intestate.
Borrowed money
The couple say that they borrowed money from financial institutions and other legitimate sources to renovate what was a derelict cottage at a cost of between €80,000-€100,000.
However, they strongly reject CAB's claim that some €330,000 was spent on the property.
Ms Conway also claimed that she acquired two small plots of land in Rush, Co Dublin with monies that she had also borrowed.
CAB has also claimed that a house purchased in 2012 in Deanstown Road, Finglas by Mr Conway for €56,000 was also acquired, and renovated, with the monies from Mr Browning.
CAB's claim the property was renovated at a cost of over €200,000 is disputed, and it is claimed that the property was paid for by money Mr Conway got from after being made redundant from his bar management job, and from an award he received from the State.
The monies from the sale of that house to Mr Ian O'Haire were used by Mr Conway to acquire the lands in Garristown, the court heard.
Mr O'Haire, a relative of Mr Conway and Mr Browning, said he bought the house from Mr Conway in 2013 for €120,000.
Mr O'Haire, who disputes CAB's claims about the proceeds of crime being expended on the property, claims he paid for the house out of funds he says received in a personal injuries award.
An aunt of Mr Browning, Lesley Conway, who said she had helped out at a Dublin gym he operated, rejected a CAB claim that a car she owned had been acquired with the proceeds of crime.
Two-year limit
Counsel argued that just because a large group or family of persons who may be related to someone involved in criminal activity it cannot be said that their expenditure or acquisition of assets was done with the proceeds of crime.
In reply, CAB, represented by Benedict Ó Flionn SC and Grainne O'Neill Bl, rejected the respondents' claims.
CAB says it is entitled to the orders sought against the estate because the assets in question were acquired with the proceeds of crime.
They also claim that the proceedings were brought inside the two-year time limit.
CAB claims the lifestyle enjoyed by Mr Browning and his family members, which included multiple foreign trips, could not have been paid for by legitimate earnings.
Following the conclusion of submissions from both parties, Mr Justice Alexander Owens reserved his decision and said he would give his judgement as soon as it is ready.
At the opening of the case, the court heard that Mr Browning is a leading member of the transnational Kinahan organised crime gang, whose operations have an estimated worth of €1 billion.
The Kinahan gang, counsel added, is involved in criminal activities, including drug dealing, the importation of weapons, murder and money laundering in South America, the Middle East and mainland Europe as well as in Ireland.
CAB also claim that Mr Browning is an associate of senior gang members, including Christopher Kinahan Snr, and his sons, Daniel and Christopher Jnr.
The court also heard that Mr Browning is the gang's "principal representative in this jurisdiction" and has also associated with other gang members including Liam Byrne, Glen Holland, Freddie Thompson, Gary Finnegan and Barry Finnegan, who is the partner of Mr Browning's sister, Cheryl.
