A woman said to have led an “exotic” lifestyle has withdrawn her appeal over the appointment of a Criminal Assets Authority (taxi) receiver to her family home because it was purchased with the proceeds of crime.
The three-judge Court of Appeal said Mary Cash had “no convincing explanation” for the source of the money used to buy her home in Harpools Lane, Portlaoise.
Mr Justice Seamus Noonan said the agency had made a prima facie case to support the home purchase claims and the High Court had correctly placed the burden of proof on Mr Cash to contest the case on the balance of probabilities.
The High Court found she “lacked singular involvement” in the taxi evidence and said her excuse was “completely unpersuasive”.
In a judgment joined by Justices Donald Binchy and Nuala Butler, Mr Justice Noonan ruled that the High Court's approach was correct and the appeal must fail. He also authorized Mr Cash to award costs to Cab's Shelley Horan SC.
The decision, handed down shortly after the conclusion of the appeal hearing on Thursday, paves the way for Mr Cab to seek an order for the sale of the Co Laois home of Ms Cash, 32, a mother of three young children, née Keeley. It was written.
The court was told by barrister Adrian O'Higgins, representing Mr Cash, that Mr Cash would resist such an application.
[ Woman’s Co Laois home was purchased and renovated with crime proceeds, CAB claims ]
In proceedings under the Proceeds of Crime Act, Cab said Ms Cash's home was bought without a mortgage in 2018 with the proceeds of a robbery allegedly committed by her husband Andrew Cash and his brother Henry Keeley. Both were not subject to cabs, although they claimed that. minutes.
Cash has described herself as a single parent who is separated from her husband, but Cav disputes that, the appeals court noted.
In July last year, Ms Cab received a High Court order declaring her home and other property, including a Volkswagen Golf car, jewelery and handbags, to be directly or indirectly the proceeds of crime.
Ms Cash's appeal against the High Court's order concerned only the finding that her home directly or indirectly represented the proceeds of crime.
[ Woman’s explanations for source of funds ‘did not hold water’, judge rules in Cab case ]
She denied the allegations and said she bought her home in 2015 with money she earned working as a cleaner, childcare worker and chaperone while living in Australia with her husband.
The Court of Appeal found that Mr Cab had made small payments, mainly through discretionary spending, by October 2017, 13 months before the Portlaoise house was purchased, after the funds from Australia were transferred to an account in Ireland. He said he had provided “indisputable” evidence that the money had been spent.
Mr Cab claimed that the purchase of the house was financed by Mass Lodge, whose account balance was around €100,000 between August and October 2018.
High Court judge Alexander Owens ruled on the balance of probabilities that Mr Cash's “half explanation” about the source of the money used to buy the house and luxury items was “simply unfounded”. , houses and luxury goods, and other assets representing direct or indirect proceeds of crime, were ordered to be frozen.
He previously made a similar order in relation to the seizure of three cash items totaling €27,000, after Ms Cash pleaded guilty to money laundering-related charges at Kilkenny Circuit Court last year and received a suspended sentence. was issued.
The judge said the Cash family lived an “exotic lifestyle” with high discretionary spending and wondered how she could afford to buy so many handbags and “assorted accessories” with her legal income. “There was no information at all” to explain whether it was possible, he said.
There was also no real explanation as to how he had come up with around 100,000 euros to purchase and subsequently renovate the house.
Ms Horan had claimed that she was not aware of any legitimate income to support the couple's “very lavish lifestyle”.
Ms Cash received €140,000 in means-tested social welfare benefits, but there is no record of her being employed and a total of €397,000 was deposited in one of her bank accounts between 2015 and 2019. She said she had received an unexplained request.
Mr O'Higgins said Mr Cash was using cash every day, which was not illegal. He added that she had been trading horses, caravans and other goods since she was young and had her tax obligations in connection with them.
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