Former company secretary loses bid to stop state

A former company secretary of a Dundalk filling station last week lost his bid to stop the State from keeping around w30,000 that was found during a Customs raid on his home.

A former company secretary of a Dundalk filling station last week lost his bid to stop the State from keeping around w30,000 that was found during a Customs raid on his home.

Judge Leonie Reynold made an order at Trim Circuit Court on Friday that the money should be forfeited to the State after she ruled against submissions made on behalf of Gary Mullen who now has 30 days to lodge an appeal.

The original hearing in Dundalk Circuit Court last month was told that Gary Mullen’s house at Ath Leathan -which he shares with his wife, Sonia, was raided by officials from the Revenue Commissioners in November 2011.

The court was told the search of the Racecourse Road residence was ‘part of a planned national operation on the supply of mineral oil’ and Revenue officials also told him that his tax affairs were under investigation.

Various sums of money - including dollars, sterling and dirham, the currency of the United Arab Emirate, were found along with a cheque in the sum of w19,800 written to Mr Mullen on behalf of NR Filling Station, bringing the total to around w30,000.

The court heard the Mullens explained to Revenue officials that the cash found was from when Mrs Mullen worked in the U.A.E and the dollars were for a trip she was due to take to America.

The case was adjourned to Trim Circuit Court so further affidavits and submissions could be considered.

The respondents’ barrister Jim McCullough argued that a district court order on June 22nd last which struck out a Revenue application to renew an order detaining the cash, “superceded all previous orders” and it was his case that this meant that the order detaining the money “was spent”.

However, Judge Reynolds said the application to renew the order was the only matter that had been struck out. She said the previous detention order which had been granted in April, continued until the 26th of June, when a new application was made.

The Judge said she she was satisfied the State’s proofs were in order and granted the forfeiture order.