CRIME PROCEEDS | 

Judge slams ‘outrageous’ fees in James ‘Mago’ Gately legal battle with CAB

CAB’s case is against both Gately and his partner Charlene who previously won the argument to have some free legal aid their legal battle.

Yesterday at 17:01

A JUDGE said Kinahan Cartel target James ‘Mago’ Gately can have free legal aid for a specialist accountant and a quantity surveyor in his battle with the Criminal Assets Bureau but capped the fees at €14,000.

Quotes for the work that totalled €34,000 were described by Judge Alex Owens as “outrageous” at a proceeds of crime hearing today.

The case against Mago and his partner Charlene Lam centres on their Coolock home which CAB say they spent €440,000 on refurbishing using the proceeds of crime

Judge Owens said he was “gobsmacked” when he read the initial quote from a UK-based forensic accountant who said it would cost the equivalent of €24,000 for him to carry out the work.

A quantity surveyor had also quoted almost €10,000 to travel to the north Dublin property and to write up his report.

A lawyer for the couple said it had not been possible to find someone in this jurisdiction to carry the reports.

It was added the reports were needed because CAB’s case to seize the house rests on their valuations of the work carried out.

They claim the work was carried out far more cheaply and using less expensive materials than suggested by CAB.

Counsel for CAB said the amount of time being suggested as needed to carry the reports was “excessive” and that it could lead to more applications which would delay the case even further.

Judge Owens said he regarded the suggested fees as “outrageous” adding that it took him just eight hours to read the entire CAB case of 1,152 pages.

He said he would allow legal aid in respect of an accountant at €150 per hour to be capped at 80 hours for total of €10,000 plus Vat.

He then allowed 16 hours for a total of €4,000 for a quantity surveyor added that they now have money to “wave in front” of people to carry out the work.

“Please get on with it,” he told counsel.

CAB’s case was first filed in 2021 and is against both Gately and his partner Charlene who previously won the argument to have some free legal aid to help them in their legal battle.

During that hearing, it was stated by counsel for CAB the couple had taken luxury cruises and enjoyed “eye- watering” foreign travel.

They went on two cruises including one that started in Singapore in which they had a cabin complete with a balcony visiting Korea, Japan and China.

Two cars and a €4,400 ladies Rolex watch are also being targeted by CAB which alleges the goods were paid for with the proceeds of crime.

Gately was lucky to survive in 2017 after being shot and wounded in an assassination bid carried out by Kinahan gunman Caolan Smyth.

The Sunday World recently revealed how the Coolock house is also the focus of another court case which a bank is trying to repossess.

The Ulster Bank has been going through the courts to repossess the house since 2018 when the Kinahan Cartel target stopped paying back the loan.

The semi-detached house was bought in 2013 with a mortgage of €112,500 but Ulster Bank started proceedings after he fell behind in mortgage payments.