There was tight security in the Supreme Court today when convicted drug dealer John Gilligan was in court for the hearing of an appeal by the State in relation to the confiscation of assets worth €17m.
The State is appealing against a High Court decision that the non-jury Special Criminal Court had no jurisdiction in 2002 to make an order for the confiscation of the assets.
Many of Gilligan's assets remain frozen under an order secured some years ago by the Criminal Assets Bureau in separate proceedings under the Proceeds of Crime Act.
After Gilligan was sentenced the Special Criminal Court ruled it had power to conduct an inquiry under Section Four of the Criminal Justice Act to determine whether he had benefited from drug trafficking. The court concluded he had so benefited and made a confiscation order.
Gilligan successfully challenged this order in the High Court. That court held that the power to make a confiscation order was not a power related to the trial of offences which is the only power the Special Criminal Court has under the constitution.
Challenging the High Court decision in the Supreme Court today, the State argued that after conviction the Special Criminal Court had jurisdiction to embark on an inquiry into whether Gilligan had benefited from drug crime, and having made that finding was entitled to assess the extent to which he had benefited.
Lawyers for Gilligan are opposing the appeal.
