proceeds of crime | 

Notorious gang boss Stefan Saunders hit with CAB appeal bill

CAB said the couple had gone on a spending spree after a €2.5m Brinks Allied security van robbery in Artane, Dublin, in 2005

Today at 09:01

Notorious gang boss Stefan Saunders has been hit with another financial blow after being ordered to pay the State’s costs in his unsuccessful appeal against the Criminal Assets Bureau (CAB).

Saunders and his wife, Tammy, were found by the High Court to have bought their family home with the proceeds of crime and in February lost an appeal preventing them from selling or otherwise dealing with the property pending further order

CAB said the couple had gone on a spending spree after a €2.5m Brinks Allied security van robbery in Artane, Dublin, in 2005.

The couple argued in their appeal that the judge erred in fact and in law in determining that Hazelbury, Clonee, Co. Meath came from the proceeds of crime “from activities of [Stefan] as a member of a gang of robbers”.

However, in February the Court of Appeal dismissed their case against the High Court ruling.

At the end of February the couple made submissions that they should not have to pay CAB’s legal costs, relying on the fact “that they have the benefit of the CAB ad hoc legal aid scheme”.

They also submitted that the appeal is a public law case which, while civil in nature, involves an order under Section 3 of the Proceeds of Crime Act, 1996 against their house.

On that basis, they submitted that the Court might exercise its discretion not to award costs against them.

However, CAB sought an order for the costs of the appeal against Saunders on the basis that it has been entirely successful on all material aspects of the case.

In delivering a judgement of the three judge Court of Appeal, Ms Justice Mary Faherty said: “It is difficult to disagree with the Bureau’s submissions, particularly in circumstances where the appellants do not cite any authorities in support of their submissions, and in light of the position under the 1995 Act.

“I note especially s. 33(2) of that Act which makes clear that the fact that a party is legally aided is effectively irrelevant in considering costs.

She went on say that the Saunders have not provided any basis upon which the Court could consider departing from the normal rule where the losing party pays the costs.

“The appellants have not established any basis upon which the Court should depart from the normal rule and, accordingly, the Bureau is entitled to the costs of the appeal,” the judge said.

Stefan Saunders was jailed in 2018 for seven-and-a-half years after gardaí foiled a cash-in-transit armed robbery in 2016.

He is also suspected by the Criminal Assets Bureau (CAB) of being involved a security van robbery in Artane, Dublin, in 2005.

Saunders was interviewed by gardai in connection with the heist but he was not prosecuted.