Criminal Assets Bureau -v- M. & Ors,  IEHC 421 (2008)
|Docket Number:||2007 12 CAB|
|Party Name:||Criminal Assets Bureau, M. & Ors|
THE HIGH COURT
PROCEEDS OF CRIME2007 12 CAB
IN THE MATTER OF THE PROCEEDS OF CRIME ACT 1996
IN THE MATTER OF AN APPLICATION AFFECTING PROPERTY ALLEGED TO BE IN THE POSSESSION OR CONTROL OF
J.M., K.B., E.H., W.H. APPLICANTSAND
PLATINUM INVESTMENT AND DEVELOPMENT LTD RESPONDENTS
JUDGMENT of Mr. Justice Brian McGovern delivered on the 19th day of December, 2008
This matter comes before the court on foot of a notice of motion issued by the first and third named respondents, J.M. and E.H. arising out of proceedings under the Proceeds of Crime Act 1996, and, in particular, an application for an interim order made on 29th June, 2007, and a further order made by this court on 10th December, 2007, which ordered that pursuant to s. 8(4) of the Act, that any publication of information that would in any way identify the first or third named respondent be prohibited.
Section 8 Proceeds of Crime Act 1996
For the purpose of this application, it is necessary to have regard to s. 8(3) and (4) of the Proceeds of Crime Act 1996 ("the Act"). These sub-sections read as follows:- "(3) Proceedings under this Act in relation to an interim order shall be heard otherwise than in public and any other proceedings under this Act may, if the respondent or any other party to the proceedings (other than the applicant) so requests and the court considers it proper, be heard otherwise than in public.
(4) The court may, if it considers it appropriate to do so, prohibit the publication of such information as it may determine in relation to the proceedings under this Act, including information in relation to applications for the making or refusal of and the contents of orders under this Act and the persons to whom they relate." The facts
The applicants are the subject of proceedings by the Criminal Assets Bureau ("CAB") in relation to certain properties and a motor vehicle. The High Court has made an order against the first named respondent restraining him from dealing with certain properties and the court made an order against the third named respondent restraining her from dealing with a motor vehicle which was identified by reference to its registration number. The proceedings under the Act arise out of an investigation by CAB into the assets and activities of Martin 'Marlo' Hyland who is described in the course of the proceedings as being the head of a criminal gang involved in drug trafficking and armed robberies, and who was shot dead in December 2006, in a house in Finglas owned by the first named respondent, and which is registered in his sole name. The third named respondent is a niece of Martin Hyland and the first named respondent is her partner.
On 29th June, 2007, CAB was granted an order by the High Court under s. 2 of the Act, prohibiting the first named respondent from dealing with three properties which were named in the order.(a) 19, Fairlawn Park, Finglas, Dublin 11
(b) 33, Clonshaugh Glen, Coolock
(c) - Number redacted Scribblestown Park, Finglas, Dublin 11. On the same date, an order was made against the third named respondent prohibiting her from dealing with a motor vehicle. On Sunday 14th September, 2008, an article was published in the 'Star on Sunday' newspaper which contained the following paragraph:- "Since Hyland's death, the Criminal Assets Bureau has seized a high powered jeep and are also pursuing four of his properties in north Dublin and County Meath - including the Scribblestown Park house where he was killed." On 19th October, 2008, an article appeared in the 'Sunday World' newspaper which purported to be an extract from a book written by Paul Williams, a crime correspondent for that newspaper, and which contained the following paragraph:- "The Bureau also moved against Marlo's family and obtained High Court orders freezing five properties that family members had bought on the godfather's behalf - including the house he was murdered in." The article also identified the house where the murder took place as, ". . . his niece, E.H.'s Name redacted three-bed terraced house at Scribblestown Park off the Rathoath Road in Finglas West".
The book from which the extract was taken is entitled 'Crime Wars' and was published in or about the month of October 2008. It is alleged that extracts from the book make a number of references to the making of an interim order under s. 2 of the Act and to the identities of the first and third named respondents. The following extracts are taken from the book:- "E.H. later described the scene to detectives from the CAB. He [Marlo] would come into the car park and there would be obscene amounts of people coming to see him. He would be handing money out left, right and centre . . . there's a few bob for...
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