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THE WIFE OF convicted “drug baron” Michael Byrne, currently serving an 18-year sentence in Mountjoy Prison, has failed in a bid to recover her half share in a €53,000 BMW X5 she jointly owned with her husband.
Elaine Byrne claimed in the Circuit Civil Court yesterday that she was entitled to a 50% interest in the vehicle, maliciously burned out in a garda compound in May 2009.
Byrne, a mother of five whose address was given as that of her solicitors Fahy Bambury McGeever, North King Street, Dublin, told the court the vehicle had been seized as part of a criminal investigation by the Garda Drug Unit in January 2008.
Barrister Karl Finnegan, counsel for the Garda Commissioner, told Judge Karen Fergus the vehicle had been destroyed by fire 16 months later, after two unidentified men had broken into the compound and set it on fire. A number of other vehicles had been damaged.
He said Ms Byrne in the High Court had challenged a restraint order on the vehicle in which she had then claimed a 100% interest. The late Justice Feeney had decided, prior to the proceedings having been remitted to the Circuit Court, that Ms Byrne had a 50% financial interest in the vehicle.
Byrne agreed with Finnegan that the gardaí had at all times been in lawful custody of the vehicle. Her husband had been the subject of a criminal investigation when an application had been brought to seize certain assets which had affected her by way of her interest in the BMW.
Finnegan said that, as it turned out, the vehicle no longer became a source of interest in the criminal proceedings against her husband at the time. He said an accelerant had been used to destroy the BMW by those who had broken into the compound.
Byrne said she had never been told what happened to her jeep. She had read in the Evening Herald about the fire in the garda compound.
Barrister Laurence Masterson, for Byrne, told the court she was a completely innocent party. The jeep in which she had a 50% interest had been seized under the Criminal Justice Act and a freezing order had been made in regard to it by Justice Feeney in the High Court.
Mr Masterson said there was an onus on the gardaí to take all reasonable and adequate steps to protect her property.
Judge Fergus, dismissing Byrne’s claim, said the gardaí did not have the manpower to maintain a 24-hour physical surveillance on the vehicle. It had been held in the compound for over a year when intruders had broken in with the intention of committing a criminal act.
She felt the gardaí, who had maintained CCTV surveillance of the compound, had acted reasonably in the circumstances. She made no order for costs in the case.
Michael Byrne, now 42, of Old Tower, Clondalkin, Dublin, was found guilty by a jury at the Circuit Criminal Court in 2010 of possessing 32kg of heroin in his van at Palmerstown in January 2008.
Jailing him for 18 years Judge Frank O’Donnell described him as a “drug baron” who was no small fry in the industry.
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She probably owned half a can of petrol also.
7 yrs of free legal aid fighting this. What has cock roach cost the state. It should be taken out of her welfare
Made me think of what the criminal the General used to do. Lodge a huge sum of money to his bank account then moments later the bank would be robbed.
Wonder who set the car on fire though? We’ll probably never know!!
Rats with a hard neck.
She should be granted the 50% interest and arrested shortly thereafter for illegal gains.
If she is granted it by the court how is it an illegal gain?
She should be granted 50% of his sentence.
Thank God a judge with sense. As if the wife didn’t know what paid for the car.
Jeep are making BMWs now?
“entitled to a 50 interest in” I seeee
Did nobody ask her to show how she earned the money to buy half the BMW?
Did she own half the 32kgs of heroin?
Which is why all of the vehicles seized from Kinehan associate’s are currently under armed guard in The Curragh.
Yer some wan miss. that was funny,half she said :-D
bit like the money walking out of the garda station evidence room, not enough manpower to mind it? the judge has overstepped the mark. It was in garda custody don’t they have insurance?
Why should they pay her compensation, when the car was obviously bought with drug money. Also very funny how it was only her car that was burnt out.
No, they don’t have insurance.
Look it up.
This is the first good call I have seen made by an Irish judge for a long time. Overstepped the mark! You should get your head checked
Interesting the damage was caused after a year in the compound. Or am I the only person picking up on that. After a year and a day if not claimed the car/jeep could’ve been auctioned. Again more legal aid. If she had a 50% stake in a 5 series jeep. The barrister acting on behalf of the commissioner should have stated all this. Got to the stage now that all the do Gooders and civil liberty groups have the country fooked. People are afraid to state the obvious.
That’s a joke. It’s doesn’t matter the background, the Gardai should be responsible for protecting the property. If the car is deemed to be from the proceeds of crime then it should have been sold on and the funds paid into the exchequer. A bloody joke that it wasn’t protected properly.
by law the spouse is entitled to half (despite how it got there), think how many developers wives are multimillionaires yet they have no job? nothing said and all properties protected, maintained sold and split by nama?
mind boggling but we have our law makers to thank.
judge did overstep the mark as there will be an appeal followed by even bigger legal fees, never mind distress caused etc.
of course the car/jeep was deliberately burnt out but on garda property while garda are in possession???
or is it a different rule because her husband (not her) is a convicted criminal
have your say