Lawyers for a Clare man in custody in Britain awaiting trial on charges arising from an alleged £100 million VAT fraud have claimed before the High Court in Dublin that the Criminal Assets Bureau (CAB) used unlawful search warrants to search his home and other premises.
Mr Paul Gardiner SC, for Dylan Creaven, Wandsworth Prison, London, formerly with an address in Ennis, and two of his companies secured leave to seek orders quashing search warrants issued by District Judge David Anderson.
Mr Gardiner told Mr Justice Quirke that Mr Creaven was the subject of a investigation by CAB and by the English and Irish customs authorities arising from an alleged VAT carousel fraud. The fraud involved the alleged movement of computer components in a circle between various companies to generate VAT payments.
Mr Creaven, who denied any wrongdoing, was detained last November 19th. The CAB applied for warrants to search a private residence and business premises.
Under the legislation, no warrant could be issued except on the direction of the Minister for Justice following a request, in this case, from the British authorities. It appeared a request was communicated to the Minister, but withdrawn on November 14th and a fresh request made.
The search warrants issued by Judge Anderson, sitting in the Dublin Metropolitan courts on November 18th, were on foot of a supposed request of October 22nd. However, that request had been withdrawn.
In an affidavit, Mr Creaven said CAB got a freezing order alleging that funds in a number of banks constituted the proceeds of crime. CAB also had orders in respect of properties, six motor cars and four horses.
He said on November 19th in Kensington, London, he had been pulled from his car while it was moving by at least six customs officers and arrested.