Senior Kinahan crime gang figure ordered to pay much of Criminal Assets Bureau’s legal costs

High Court Reporters

Senior Kinahan crime gang figure Ross Browning has been ordered to pay much of the Criminal Assets Bureau’s (Cab) legal costs incurred in securing declarations that more than €1 million of assets linked to him were obtained with crime proceeds.

Mr Justice Alexander Owens on Wednesday ruled that Mr Browning should “bear the costs” of the bureau’s application in relation to a property in Garristown in north county Dublin and a house on Deanstown Road in Finglas.

The Cab alleged Mr Browning, his partner Sinead Mulhall and their children were living at a residence at the site which also encompasses a riding area and stables.

In February the judge declared these properties and several other assets seized in 2018 were fully or partially acquired directly or indirectly with the proceeds of crime.

He said the evidence presented by the Cab established “as a matter of probability that Ross Browning has had an ongoing and significant involvement in organised crime for a significant number of years and is a senior member of the Kinahan organised crime gang”.

The Kinahan gang is “involved in the importation, and distribution of drugs and firearms in Ireland”, the judge added.

Mr Browning did not contest the Cab’s application, but members of his family rejected allegations about the assets.

Mr Justice Owens rejected many of the arguments put forward by Mr Browning’s relatives about the origins of funds. Mr Browning, he ruled, was involved in acquiring the Garristown and Deanstown Road properties and lands at Rush, north Dublin.

No order was made in relation to the legal costs incurred in securing declarations and freezing orders in relation to a Garristown site cottage, called Chestnut Lodge, in which lived Mr Browning’s mother, Julie Conway, and her husband David O’Brien, a former garda. This means each of the parties will pay their own legal fees for this element of the case.

The judge accepted Ms Conway and her husband retained an interest in the cost of refurbishing the cottage, spending up to €70,000 of their money. He directed that a quarter of the net proceeds of sale of that part of the Garristown site will go to them.

The estate of Mr Browning’s grandfather, William Conway, will be paid €59,000 from the Garristown sale. On Wednesday the judge said there would be no order concerning the legal costs as between the late Mr Conway’s estate and the Cab.

The Cab, through its counsel Benedict Ó Floinn SC, asked the court on Wednesday for permission for the bureau to take possession of the properties at Garristown and Deanstown Road properties and the Rush lands.

After hearing there was no objection regarding the Rush lands, Mr Justice Owens said these could be taken on May 16th.

He wanted the Cab to notify parties other than Mr Browning who are living at Garristown and Deanstown Road of its intention to take possession of them. He was not prepared to make an order permitting possession and sale of these without being satisfied the residents had been served with papers.