Lawyers for convicted drugs dealer John Gilligan are to mount a legal challenge to the State's bid to confiscate his assets, the Special Criminal Court was told today.
Gilligan's counsel, Mr Michael O' Higgins SC, said a plenary summons will be lodged in the High Court this week challenging the constitutionality of the sections of the Criminal Justice Act of 1994 under which the State is seeking to confiscate Gilligan's assets.
Mr O'Higgins asked the court to defer hearing the confiscation application until the Supreme Court determines the constitutionality of the act and its amendments.
When Mr Justice Diarmuid O' Donovan, presiding, said that could take some time, Mr O' Higgins said: "It could be 12 months. But Mr Gilligan isn't going anywhere."
Asked by the judge if he would go to the High Court seeking an order preventing the Special Criminal Court from hearing the confiscation application if the court ruled against him on the application to defer the hearing, Mr O'Higgins replied: "It's high on the agenda of options."
Mr Justice O' Donovan said the court would rule later today on whether it should postpone hearing the application.
The State is seeking to confiscate £14.2 million that it alleges were Gilligan's profits from importing 20,000 kilos of cannabis resin into the country over a two-year period.
The court has heard the State wants the High Court to appoint a receiver to realise Gilligan's assets, which allegedly include an equestrian centre at Jessbrook, two houses in Lucan, a house at Blanchardstown, six vehicles, 16 bank accounts and over £5 million he staked in bets.
Gilligan is serving a 28-year prison sentence imposed by the Special Criminal Court on March 15th for importing cannabis resin.
Gilligan (49), with addresses at Corduff Avenue, Blanchardstown, Dublin, and Jessbrook Equestrian Centre, Mucklon, Enfield, Co Kildare, was convicted of 11 offences alleging that he unlawfully imported cannabis resin into the State on various dates between July 1st, 1994, and October 6th, 1996; that he unlawfully possessed cannabis resin for sale or supply on the same dates; and that on or about October 3rd, 1996, at Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
He was cleared of the murder of journalist Veronica Guerin on June 26th, 1996.