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Hutch ally James ‘Mago’ Gately warned to file defence in CAB case by judge

Counsel for CAB said in court today that the case has been “back and forth” and a year and a half “has been lost”

Yesterday at 17:19

GANGLAND figure James ‘Mago’ Gately has been warned to file a defence or a Criminal Assets Bureau case will go ahead without it next month.

Gately and his wife Charlene Lam have been targeted by CAB who claim the €440,000 spent on their Coolock home was proceeds of crime.

Counsel for CAB said in court today that the case has been “back and forth” and a year and a half “has been lost” with no substantial affidavits filed.

Last July Judge Alex Owens agreed to allow €14,000 free legal to pay for a forensic accountant and a quantity surveyor to carry out a report for the couple.

However, counsel for CAB told the court neither had yet been forwarded to them.

Gately’s counsel said both reports are now at an advanced stage and said they would be available next month.

Judge Owens warned they must be done by then or a hearing would go ahead without them.

‘Mago’ Gately survived being targeted by the Kinahan Cartel during the infamous Kinahan-Hutch feud

In July the judge described as ‘outrageous’, fees quoted for the reports totalling €34,000 and capped them instead at €14,000.

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 previously 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.

Judge Owens said at the July hearing 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 adding that they now have money to “wave in front” of people to carry out the work.

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 caried out by Kinahan gunman Caolan Smith.

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