McK v S.G [2007] IEHC 447 (31 July 2007)

McK v S.G [2007] IEHC 447 (31 July 2007)

The court found, on the balance of probabilities and based on the evidence of the Garda officers, that the monies in question were in the possession or control of the defendant and constituted directly or indirectly the proceeds of crime. The defendant failed to discharge the onus of proof to rebut this prima facie case. The statutory and procedural objections raised by the defendant were rejected as unfounded.

Citation
[2007] IEHC 447
Parties
Plaintiff: F. J. McK.; Defendant: S. G.
Jurisdiction
Ireland
Judgment Date
31 July 2007
Procedural Posture
Application Under Proceeds of Crime Act 1996 / Judgment on Application for Order Under Section 3
Outcome
application granted; defendant's counterclaim dismissed
Legal Topics
Proceeds of Crime, Statute of Limitations, Res Judicata, Lien, Burden of Proof
Criminal Law Civil Forfeiture Proceeds of Crime Statute of Limitations Res Judicata Lien Burden of Proof

Case Brief

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Parties

F. J. McK.

Plaintiff

S. G.

Defendant

Procedural Posture

Application Under Proceeds of Crime Act 1996 / Judgment on Application for Order Under Section 3

Legal Issues

  1. 1 Whether the monies found in the defendant's possession constitute the proceeds of crime
  2. 2 Whether the proceedings are statute barred under the Statute of Limitations
  3. 3 Whether the District Court order returning the monies to the defendant is res judicata

Ratio Decidendi

The court found, on the balance of probabilities and based on the evidence of the Garda officers, that the monies in question were in the possession or control of the defendant and constituted directly or indirectly the proceeds of crime. The defendant failed to discharge the onus of proof to rebut this prima facie case. The statutory and procedural objections raised by the defendant were rejected as unfounded.

Court Disposition

application granted; defendant's counterclaim dismissed

Orders

  • Order pursuant to section 3 of the Proceeds of Crime Act 1996 granted in favour of the plaintiff
  • Defendant's counterclaim dismissed