An application by the Criminal Assets Bureau for judgment for some £350,000 against a Scotsman living in Co Mayo has been adjourned at the High Court after the judge discharged himself.
Mr Justice O'Higgins discharged himself following a complaint by lawyers for Mr Lindsay Craft of "perceived bias" by the judge against Mr Craft.
The judge said the remarks complained of were made by him at the opening of the case by CAB and he had a right to ask the question complained of. It was a matter of indifference to him which side won. However, it seemed Mr Craft could form the view that because of the intervention he was indicating his support for one side.
While he was not sure that was a reasonable inference, it was at least a possible inference and he thought the most prudent course would be to discharge himself.
The hearing had opened last week and continued this week. It is now expected to be dealt with by another judge.
CAB's proceedings are against Mr Craft (29), a windscreen fitter, of Clonkeen, Westport Road, Castlebar, and his wife, Ms Clare McWatt. At earlier hearing, a CAB officer said it was suspected Mr Craft's assets "derive, or are suspected to derive, directly or indirectly from criminal activity". It was alleged that since his arrival in the State in 1994, Mr Craft had been involved in drug trafficking.
In its statement of claim, CAB said Mr Craft was assessed for income tax for the tax year 199697 and VAT for the taxable periods between 1995 and 1997 to a total of £296,595. This sum was demanded on June 9th, 1998, together with interest of £54,924, making £351,519.