The Director of Public Prosecutions v Osman Ali Mohamed and Mohamed Ali Noor

Amount Forfeited

€22,800

Date

23 January 2012

The Director of Public Prosecutions v Osman Ali Mohamed and Mohamed Ali Noor

Venue

Dublin Circuit Criminal Court

Judge

Yvonne Murphy

Summary

On the 23 January 2012, Dublin Circuit Criminal Court ordered the forfeiture to the Exchequer of cash amounting to €22,800 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 4 March 2010 Revenue Enforcement Officers at Dublin Airport seized and detained the cash from Osman Ali Mohamed, an Irish citizen of Somalian origin, as he was about to board a flight to Luton, United Kingdom.

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.

In the course of the investigation Mohamed Ali Noor claimed ownership of €18,000 of the cash, indicating that it represented borrowings which was to be used to purchase a vehicle in the United Kingdom. During the application before the Court Mr Osman Ali Mohamed claimed that the balance of €4,800 was his savings, but offered no evidence to support this claim, nor any explanation as to its intended use, However it was proven to the Court that these claims did not stand up to scrutiny.

The application at the Circuit Criminal Court was opposed by Counsel for both respondents.