News (Media Awareness Project) - Ireland: Sale Of Drug Dealer's House Approved |
Title: | Ireland: Sale Of Drug Dealer's House Approved |
Published On: | 2000-02-06 |
Source: | Irish Times (Ireland) |
Fetched On: | 2008-09-05 04:29:54 |
SALE OF DRUG DEALER'S HOUSE APPROVED
A man serving a 12-year sentence yesterday lost his High Court
challenge to a decision of the Criminal Assets Bureau to sell his
house at Lisadell, Brittas Bay, Co Wicklow.
Patrick Holland was convicted in November 1997 in the Special Criminal
Court of possessing cannabis resin for sale and supply.
Mr Justice Kinlen, in a reserved judgment, said that during the
Special Criminal Court hearing there had been evidence that the house
was to be sold and that Holland and his wife would be notified of the
pending sale.
Holland later took High Court proceedings and sought an order of
prohibition.
Mr Justice Kinlen said Holland claimed this move by the CAB was
"double jeopardy" as the confiscation of the house was a criminal
penalty and he was being punished twice for the same offence.
The CAB, said the judge, claimed the house and its contents were the
proceeds of crime. He said Holland had been convicted and was serving
a sentence for one offence. The CAB had seized his house and its
contents for another offence.
The court refused Holland's application.
A man serving a 12-year sentence yesterday lost his High Court
challenge to a decision of the Criminal Assets Bureau to sell his
house at Lisadell, Brittas Bay, Co Wicklow.
Patrick Holland was convicted in November 1997 in the Special Criminal
Court of possessing cannabis resin for sale and supply.
Mr Justice Kinlen, in a reserved judgment, said that during the
Special Criminal Court hearing there had been evidence that the house
was to be sold and that Holland and his wife would be notified of the
pending sale.
Holland later took High Court proceedings and sought an order of
prohibition.
Mr Justice Kinlen said Holland claimed this move by the CAB was
"double jeopardy" as the confiscation of the house was a criminal
penalty and he was being punished twice for the same offence.
The CAB, said the judge, claimed the house and its contents were the
proceeds of crime. He said Holland had been convicted and was serving
a sentence for one offence. The CAB had seized his house and its
contents for another offence.
The court refused Holland's application.
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