The Director of Public Prosecutions v David Whearty

Amount Forfeited

€49,930

Court Date

7 November 2012

The Director of Public Prosecutions v David Whearty

Venue

Dublin Circuit Criminal Court

Judge

Patricia Ryan

Summary

On the 7 November 2012 Dublin Circuit Criminal Court ordered the forfeiture to the Exchequer of cash amounting to €49,930 pursuant to Section 39, Criminal Justice Act 1994, as amended by Section 21, Proceeds of Crime (Amendment) Act 2005, on the grounds that it was proven on the balance of probabilities to represent the proceeds of crime, or was intended for use in criminal conduct. On 27 February 2010 Revenue Enforcement Officers at Dublin Airport seized and detained the cash from an Irish National, David Whearty, as he was about to board a flight to Malaga, Spain. Following an investigation by Revenue’s Investigations and Prosecutions Division, a file on the matter was referred to the Director of Public Prosecutions who ordered the forfeiture proceedings.

It had been claimed that the cash represented Mr Whearty’s winnings on horseracing bets, and also bets placed by a syndicate on his behalf. It was proven to the Court that these claims did not stand up to scrutiny.

It was further claimed that Mr Whearty intended to use the cash to finance the purchase of a property in Spain, together with his partner. A document submitted to Revenue in support of this claim, purporting to have been issued by a Spanish property agent, was found to be false.

The application at the Circuit Criminal Court had been opposed by Counsel for Mr Whearty.