Wednesday 26 October 2016

Man arrested in flat linked to Kinahans fails in legal challenge

Naoufal Fassih
Naoufal Fassih

A man arrested in a Dublin apartment allegedly linked to the Christy Kinahan crime gang has failed in his High Court challenge to the legality of his detention after he was refused bail.

Mr Justice Seamus Noonan refused to free Naoufal Fassih (35), a Dutch national originally from Morocco, who was arrested as part of a garda investigation into organised crime.


In a ruling delivered this afternoon, the judge said Mr Fassih had failed to demonstrate any "fundamental denial of justice" and ruled that his detention was lawful.

Mr Fassih's lawyer had argued that he had not been given a proper opportunity to make a case for bail in the district court.

Mr Fassih had brought the application to be freed following the refusal of a district court judge to grant him bail last week. His arrest took place on April 7 at an apartment on Lower Baggot Street, where three watches worth more than €80,000 and €12,000 in cash were also seized.

Judge Noonan said counsel for Mr Fassih had characterised the refusal of bail as a refusal of the district court judge to hear his side, but added: "I do not believe this is an accurate portrayal of what actually occurred."

He said there had been four district court hearings and three adjournments had been at the request of the applicant's lawyers.

Judge Noonan also said that Article 40 of the Constitution, under which the application was brought, was "not the appropriate procedure in this case".

"I am satisfied in the circumstances of this case that the applicant has failed to demonstrate absence of jurisdiction, fundamental denial of justice or fundamental flaw," the judge said.

He added that Mr Fassih had brought another bail application at the district court this morning and had again been refused.

Mr Fassih is charged with having two false instruments, a Belgian national identity card and the Dutch passport, both bearing different names.

He also faces associated charges under the Immigration Act and possession of a small amount of cannabis.

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