herald

Friday 17 November 2017

Court battle for €4.5k held in raid probe

A DUBLIN man has made a court bid to force gardai to return money they seized from him in the belief that it was the proceeds of an armed robbery.

John Moloney has insisted the €4,500 officers confiscated from him a year ago is actually cash from a settled claim he had against gardai for beating him up.

He has made an application under the Police Property Act to have the money returned to him.

Judge Dermot Dempsey adjourned his application after detectives said they wanted to get directions on the criminal proceedings arising from the robbery.



Objecting

Mr Moloney, of Cashel Road, Crumlin, has never been arrested in connection with the robbery.

Seeking the adjournment, Detective Garda David Jennings told Dublin District Court that five people had been arrested in connection with the robbery last year.

The investigation had involved more than 100 garda statements, 25 memos of interview and a requirement for forensic evidence and phone records.

When the file was sent to the DPP, there were queries that had to be answered in relation to forensics. The DPP's directions were now being awaited.

Mr Moloney's barrister Barry Ward said he was strongly objecting to the adjournment as it was the fourth time it had been in court and it was listed for hearing. He explained that Mr Moloney received €25,000 in a settlement after an assault "perpetrated by a garda on him".

He said there was no evidence the money was the proceeds of any crime and his application to get it back was "discreet from the armed robbery proceedings".

"This is a large sum of money that was taken away from him over a year ago," Mr Ward said.

"Six weeks were given to the gardai last time, it simply isn't good enough and there is no basis on which to have the matter adjourned."

The court heard the case had been listed on dates last November, January and March.

Det Gda Jennings said the money was seized in a search that was carried out within 48 hours of the robbery. He said gardai hoped to have the DPP's directions in the near future.

Judge Dempsey granted the six-week adjournment, but made it peremptory against the gardai -- meaning they have to be ready to go ahead on the next date.

aphelan@herald.ie

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