The father of convicted killer Yousef Palani is seeking to challenge the State's decision to stop his jobseeker's and disability allowances, arguing there is no evidence to support an assertion that he engaged in criminal activity.
Juma Palani, who has an address in Sligo, is taking High Court action against the Criminal Assets Bureau (CAB), the Chief Appeals Officer, the Minister for Social Protection, the Minister for Justice, Ireland and the Attorney General.
Yousef Palani was jailed for life last year for the murders of two gay men, Michael Snee and Aidan Moffitt, and for stabbing a third man, Anthony Burke, in the eye with a kitchen knife, all of which happened over a four-day period in Sligo.
The remains of Mr Moffitt, 42, were discovered in his home on 11 April 2022, while the body of Michael Snee, 58, was found the next day, also at his home.
Yousef Palani, who was 23 at the time of his sentencing, had asked his victims if they were "100 percent Irish" and told detectives that he would have continued "to kill" if gardaí had not stopped him.
The Central Criminal Court was told that Yousef Palani was born in Iraq and came to Ireland aged six, while both his parents are of Kurdish ethnicity and had received Irish citizenship in 2021.
Juma Palani is seeking an order quashing decisions made earlier this year "disallowing" his claims for jobseeker's and disability allowance and seeking repayment of monies paid out under the schemes.
The applicant is also seeking a declaration that the State "erred in law and fact and/or exercised their discretion improperly and in excess of their jurisdiction in determining, pursuant to the Criminal Assets Bureau Act 1996, that there are reasonable grounds to infer that the applicant engaged in criminal activity".
Mr Palani submits in his application that no evidence supporting that assertion has been produced.
Mr Palani is also seeking a declaration that the respondents are in breach of and have failed to vindicate "the applicant's procedural rights under the Constitution and the European Court of Human Rights Act".
Mr Palani told the court that he applied for Jobseeker's Allowance in August 2006 and for Disability Allowance in February 2021.
Mr Palani's lawyers submit that an investigation into the applicant's allowances had been carried out unlawfully and without a necessary permitting certificate.
The applicant says in his statement of grounds that he attended a garda interview in May 2023, with the final disallowing decision made in January 2024 followed by a February 2024 decision seeking the repayment of all monies paid out in respect of the claims.
In February 2024, the applicant's solicitor wrote to the relevant State parties requesting "any evidence for concluding that the applicant was engaged in criminal conduct and might engage in threats and intimidation of deciding officers" as defined in the Act.
"The applicant has maintained his position throughout his dealings with the respondents that he is not engaged in any criminal activity and does not constitute a threat to staff," submit Mr Palani's lawyers.
Mr Palani submits that, had there been any evidence implicating him as having engaged in criminal activity, he should have been given an opportunity to respond to it as required "by fair procedures, natural and constitutional justice".
Ms Justice Mary Rose Gearty adjourned the matter to reappear at the High Court next week.
