The High Court has heard that the Criminal Assets Bureau (CAB) is not entitled to orders allowing it to seize some €1.7m of assets linked to senior Kinahan organised crime gang member Ross Browning.
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.
CAB alleges that in 2013, Mr Browning purchased a 1.3-hectare site in Garristown for €120,000 on which he subsequently developed a residence, a new shed on the land.
The court heard that a property was acquired by monies legitimately obtained by Mr Conway who died in November 2018.
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 Mr William Conway, deny the claims by CAB.
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 said that any claim by CAB in relation to assets in Mr Conway's name should have, but were not, within two years after his death.
CAB's application must fail because the Statue of Limitations for any claim on the estate has expired.
Mr Browning's mother and her husband, retired garda David O'Brien, say they live in a renovated cottage on Garristown, now called Chestnut Lodge.
They say Mr Conway had verbally said he wanted the couple to have Chestnut Lodge but had died intestate.
The couple say that they borrowed monies from financial institutions and other legitimate sources to renovate what was a derelict cottage at a cost of between €80,000 to €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 William Conway for €56,000 was also acquired, and renovated, with the monies from Mr Browning.
CAB's claim that the property was renovated at a cost of over €200,000 was disputed, and it is claimed that the property was paid for by moneys 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 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 that he bought the house from Mr Conway in 2013 for €120,000 and paid for it out of funds he claims he 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 the CAB claim that a car she owned had been acquired with the proceeds of crime.
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 and claim that the proceedings were brought inside the two-year time limit.
Counsel said that the details provided by the respondents to the court failed to properly explain or engage with the details and figures put before the court by the bureau's officers.
Counsel said the court could be satisfied that all of the assets were acquired with funds derived from Mr Browning's criminal activities and should therefore grant the order sought.
CAB claims that the lifestyle enjoyed by Mr Browning and members of family, 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 that would give his judgement as soon as it is ready.
