An alleged top tier target for the Kinahan cartel has been given a final warning to file affidavits as he fights his Criminal Assets Bureau case - with a judge cautioning ‘They have to be done.’
Alleged Hutch gang lieutenant James ‘Mago’ Gately and his partner Charlene Lam are ‘hotly contesting’ the CAB’s application to seize their assets - including their family home - which the bureau claim were acquired with the proceeds of crime.
The bureau also claim they undertook renovation works and an extension at the home at an estimated €425k which the CAB allege the proceeds of crime was used for.
The legal battle against Gately - who was described in an affidavit filed to the court by a senior investigator that he is “a senior figure in the criminal underworld” - is also over two cars and a €4,400 ladies Rolex watch which the CAB allege were paid for with the proceeds of crime.
The CAB also claimed the couple had indulged in “eye-watering” luxury holidays including cruises to Korea, Japan and China. Other trips included one to Barcelona and one to Lisbon in 2021.
Earlier, the court heard both Gately and his partner are “hotly contesting” the application by the CAB to seize the assets. The couple were granted free legal aid last December which included the appointment of a forensic accountant and quantity surveyor.
Yesterday at the High Court, Mr Justice Alexander Owens was informed by counsel for the CAB they “still don’t have any reports” from the quantity surveyor or forensic accountant.
However, counsel for Gately said he received the final report from the quantity surveyor on Tuesday and the report from the forensic accountant is “at an advanced stage.” “Both affidavits then need to be sent to the bureau for a response,” counsel said.
Mr Justice Owens then issued a final warning for the affidavits to be filed stating: “They must do it for four weeks. They have to be done,” and adjourned the case until the next list on December 20.
Earlier, In defence affidavits filed to the High Court, Gately - who has survived a number of Kinahan cartel attempts on his life - denied the senior investigator’s claim that he is a “senior figure in the criminal world” stating in his affidavit “I wholly dispute this characterisation.”
This follows an affidavit filed by a second senior investigator “providing a comprehensive account of the most serious criminality and criminal associations.”
In February 2022, the Special Criminal Court heard that there is a threat to Gately’s life from criminals who believed him to be involved in the Regency Hotel murder of Kinahan cartel associate David Byrne in February 2016.
Gately stated he hasn’t been able to work since October 2015 because of threats to his life but the property, cars and jewellery were all bought with legitimate income.
The court also previously heard last October the Coolock property was purchased in 2013 for €125k. Gately claimed that the extension, worth €440k, cost significantly lower to build as his partner’s dad, who ran a building business, himself and friends built it cheaper.
Gately claimed he put a €12,500 deposit on the home in 2013 and took out a 40 year mortgage.
He claimed he made the mortgage repayments until 2015 and his partner took over the monthly mortgage payments since then as he has not been working. He said he worked as a barber at P&M Hair and Beauty located on Buckingham Street in Dublin 1.
“After this I operated a sweet shop called “The Buckingham Store” for about a year,” Gately said in his affidavit. “However, I have not claimed social welfare payments or worked since or about October 2015, owing to a serious and credible threat to my life.”
He claimed that while he was in Northern Ireland his work there “was of the most basic nature and involved cleaning cars and valet cars for individuals that provided me with food and accommodation at a time when it was not safe for me to reside in Dublin.”
The first alleged plot to kill Gately took place in April 2017 and centred around Estonian hitman Imre Arakas who was brought to Ireland to murder Gately.
Join the Irish Mirror’s breaking news service on WhatsApp. Click this link to receive breaking news and the latest headlines direct to your phone. We also treat our community members to special offers, promotions, and adverts from us and our partners. If you don’t like our community, you can check out any time you like. If you’re curious, you can read our Privacy Notice.
