Chef Conrad Gallagher, who was cleared earlier this month of theft, has begun a legal battle to claim ownership of the three paintings he was accused of stealing.
The abstract paintings by Felim Egan, worth €10,900, were on display in the Fitzwilliam Hotel, Dublin, and were seized by gardaí when the investigation into Mr Gallagher began in 2000.
They are still with gardaí at Harcourt Terrace, who are not making any claim on them on behalf of the State, Dublin District Court heard yesterday.
However, Ampleforth Ltd, owner of the Fitzwilliam, has lodged a police property application asking a judge to declare it the owner. Under this procedure, the Garda notified other possible claimants, including Mr Gallagher and the auctioneers who originally sold the paintings, Nosnar Ltd, trading as Thomas P. Adams, Blackrock, Co Dublin.
All three asked Judge Timothy Lucey yesterday to decide the issue of ownership. Judge Lucey asked that written submissions be prepared in advance of October 16th, when legal argument could be made.
The court heard the paintings were returned to the Fitzwilliam last October after Mr Gallagher failed to turn up for trial and went to live in the US. When he was extradited, gardaí took the paintings back again as exhibits for the new trial.
Mr Gallagher's lawyer objected to a request from Mr David McParland, for the Fitzwilliam, for statements in the theft case to be supplied to all parties. Mr McParland said while the statements would not be used in evidence in the police property application, they "might assist everybody" in this case. Mr Kevin O'Higgins, solicitor for Thomas Adams, agreed.
However, Mr Carl Haughton, solicitor for Mr Gallagher, said he wanted to object to the request because the statements were given for a criminal prosecution and in a context which would not be relevant to this case (the police property application).
Transcripts of evidence given at the six-day trial were available as a matter of public record to anyone who wants them, Mr Haughton said.
Ms Sabina Purcell, solicitor for the State, said she would have to take advice on whether to issue all the statements but added that the book of evidence, in which all statements were contained, was in the ownership of the Garda.
Judge Lucey said he was reluctant to make any order that might be outside his jurisdiction but it could be resolved if the State decides to issue the statements.