CONVICTED DRUG dealer John Gilligan has claimed the hearing of receivership proceedings by the Criminal Assets Bureau (Cab) in relation to his family's assets should not have gone ahead pending the outcome of an appeal by him before the Supreme Court.
In that Supreme Court appeal, Gilligan is challenging the constitutionality of provisions of the Proceeds of Crime Act, under which Cab operates.
Gilligan, who is serving a 20- year sentence for drug dealing, represented himself yesterday in ongoing proceedings relating to the multi-million euro Jessbrook equestrian centre and a number of houses in the names of members of the Gilligan family that have been found by the court to be the proceeds of crime.
The High Court appointed Cab legal officer Frank Cassidy as receiver over the properties and he has made a variety of arrangements relating to them.
Gilligan has repeatedly argued that the application by the Cab to appoint a receiver to these properties should not have gone ahead pending the Supreme Court decision on his appeal against the constitutionality of the Proceeds of Crime Act.
However, when he raised the matter yesterday, Mr Justice Kevin Feeney said an "express order" would be drawn up stating the judge had already ruled the appeal did not act as a stay on the receivership proceedings.
This order would be sent to Gilligan in Portlaoise Prison so that he could then formally appeal against it to the Supreme Court if he chose, the judge said.
The court heard the Supreme Court has fixed October 15th next for the hearing of an application by the Cab to have the court "case-manage" Gilligan's Proceeds of Crime Act appeal.
Mr Justice Feeney adjourned further proceedings in relation to the receivership until after that date.
Gilligan, who carried a shopping bag filled with files and other documents into court, indicated he was happy that the judge was going to draw up an "express order" regarding the issue of the stay. "It was a waste of time carrying all these [ documents] up," he remarked.
He also told the judge he wished to be provided with transcripts of previous hearings for the purpose of his appeal. The judge told him he would also have to formally lodge papers in relation to the transcript request, and that matter would be heard by Mr Justice Feeney on September 9th, during the court vacation sittings.
The court also adjourned to July 28th proceedings in relation to a caretaker agreement proposed by the Cab for Jessbrook House in Enfield, Co Meath, where Geraldine Gilligan, who is legally separated from her husband, is living.
She is unhappy with some of the terms of that agreement, which allow her to live there pending the outcome of further proceedings.