A High Court judge has extended free legal aid granted to alleged Hutch associate James ‘Mago’ Gately and his partner to defend claims by the Criminal Assets Bureau (CAB) to cover additional fees of €14,000 for a specialist accountant and a quantity surveyor.
However, Mr Justice Alexander Owens described as “outrageous” quotes for this work totalling €34,000 that were put before the court by lawyers for Mr Gately and his partner, Charlene Lam.
Restricting these fees to €14,000 plus VAT, the judge said he was entitled to use “common sense” when approaching legal aid extension requests.
The CAB is targeting the couple’s family home in Coolock, Co Dublin, a Volkswagan Golf and a Rolex watch, which it seized in 2019. The bureau claims Mr Gately, who was shot in the neck in 2019, is heavily involved in organised crime and these assets were acquired with crime proceeds. It also alleges the pair spent €440,000 renovating their house with proceeds of crime.
Mr Gately and Ms Lam deny the allegations and say the assets were acquired with legitimate funds.
Mr Gately has not worked since 2015 due to a threat on his life, while Ms Lam, as a self-employed beautician, pays general living expenses and the mortgage on the family home, they say.
Mr Gately was shot five times in May 2017 by the driver of a car that pulled up beside him at a petrol station on Clonshaugh Road.
Despite the CAB’s opposition, the couple were granted free legal aid – to cover one solicitor and one barrister – last November to defend the assets case.
Dealing on Wednesday with their request for this legal aid to be expanded, Mr Justice Owens said he was “gobsmacked” reading a quote from a UK-based forensic accountant. The accountant estimated it would cost €24,000 to do 175 hours of work sought by the couple in aid of their defence.
Barrister David Perry, representing the couple, said his clients were entitled to independently test crucial elements of the case against them. They could not find professionals in Ireland available to take on the tasks so had to look overseas, he added.
The court heard the work is needed as the couple claims the renovation works to their home were far cheaper than alleged by the CAB.
Counsel for the bureau, David Dodd, said six-eight months had elapsed due to legal aid applications in this case. Such applications could be used by respondents to CAB claims to delay hearings, he said.
The bureau felt the level of work and number of hours quoted in the reports were “entirely excessive”.
Mr Justice Owens said the couple could find professionals in Ireland who were willing to do the work for less. He capped the accountant’s fees at €10,000 plus VAT and the quantity surveyor’s at €4,000.
He urged the couple to “please get on with” getting this work completed and adjourned the case until October.
