A couple in Ireland accused by the Criminal Assets Bureau (CAB) of indulging in luxury holidays and using €440,000 ($517,000) of crime proceeds to refurbish their home have failed to file replying affidavits, despite winning legal aid. CAB is seeking hearings for the case in the High Court, while also targeting two cars and a Rolex watch. James Gately, an alleged associate of the Hutch gang, claims that the house, cars and jewellery were all bought with legitimate income, while he has not been able to work since October 2015 because of a threat to his life.

The Criminal Assets Bureau (CAB) is seeking legal action against Hutch associate James Gately and his partner Charlotte Lam over allegations of serious criminality and €440,000 being the proceeds of crime, which they allegedly spent renovating their Coolock home. Despite evidence of luxury holidays, the couple had been granted legal aid to hire a forensic accountant to fight their case against the CAB. However, they have now been given three weeks to file an affidavit to the court. Two cars and a €4,400 ladies Rolex watch are also being targeted by CAB, alleging that they were purchased using the proceeds of crime.

Counsel for the CAB have claimed that the couple went on two cruises after refurbishing their house, which included one that started in Singapore visiting Korea, Japan, and China. Furthermore, Gately was alerted by the Gardaí to a threat to his life by criminals who believed him to be involved in the Regency Hotel murder of Kinahan Cartel associate David Byrne in February 2016. In April 2017, an Estonian hitman who was brought to Ireland to murder Gately was foiled by Gardaí. Later in May 2017, Gately survived being shot five times as he sat in his car at a petrol station on the Clonshaugh Road in north Dublin. Four of the shots hit a bulletproof vest that Gately was wearing, while one struck him in the jaw. Caolan Smyth was sentenced to 20 years in February 2021 for the murder attempt and shouted “five World Cups and I’ll be out” at his sentence hearing. However, Gately claims that the €125,000 spent on the house, which was bought in 2013, came from his legitimate savings.

CAB says that no documents have been filed since its case was first directed by the court in February 2021. Despite this, and their alleged lack of funds, the couple had been granted legal aid to hire a forensic accountant. Last October, Judge Alex Owens issued a warning that the couple needed to file a defence in the high court or risk losing their legal aid. In December 2020, counsel for CAB had opposed the couple’s legal aid application, mentioning luxury cruises and foreign travel as evidence that the couple were not too broke to pay lawyers to fight the high court.