CAB targets taxi driver’s properties

AN ALLEGED cannabis grower is facing properties being seized by the Criminal Assets Bureau, which claimed he spent €420,000 of unexplained cash.

Niall Smith, who says he is a taxi driver and carries out boat repairs, denies any involvement in crime and says his money came from undeclared earnings.

CAB is making the case he spent the €420,000 on a house in Leitrim, bought for €11,000 in 2011.

Looking for free legal aid to fight the High Court case, it was heard that Smith had a stroke in 2023 and is no longer able to work. He gets €232 a week in disability payments.

He is disputing the valuations on the work done on the house which he said he did a lot of by himself, spending €35,500.

The court was told that Smith doesn’t have any assets “at the moment” and that his home in Clondalkin, Dublin, is heavily mortgaged. He has one room rented out.

His counsel said Smith has “no real income to defend these proceedings.”

JUSTICE

Opposing the application, counsel for CAB said he still had access to funds and had sold two boats.

It was pointed out that on Smith’s own admission he used undeclared cash which itself is covered by the Proceeds of Crime Act.

Smith had €22,000 in his car when stopped by gardaí on one occasion, it was heard.

There was no evidence of living expenses going through his account.

Another property bought for €9,000 had €86,000 spent on it, according to CAB, while a field beside it was bought for €4,000.

Judge Alex Owens refused the application for free legal aid on the basis that the “exceptional circumstances” required in such cases had not been met.

He added that Mr Smith doesn’t live in these properties and it is not a case where the interest of justice will be not be served by refusing the request.