Businessman challenges prosecution for alleged failure to provide passwords to gardaí

High-Court News

Businessman challenges prosecution for alleged failure to provide passwords to gardaí
DublinMichael-Lynn
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Dublin-based Yavor Poptoshev, a business associate of Michael Lynn, claims he did not provide access to devices due to fears he might incriminate himself

Yavor Poptoshev is a director of several companies, some of which are being investigated for alleged money laundering and deception, the High Court heard. Photograph: iStockA Dublin -based businessman has brought a High Court challenge against his prosecution for allegedly failing to provide gardaí with the passwords to his laptop and two phones after the items were seized during a search of his apartment.

Mr Poptoshev assisted Lynn in reviewing documents generated by his trial and had large amounts of material relevant to the case in physical and digital form at his home. This material, he claims, may be subject to Legal Professional Privilege.Kitchen porter left jobless after fatal shooting at Blanchardstown steakhouse awarded €22,000

He claims one of the officers present directed him under the 2001 Criminal Justice Act to provide passwords to allow them access computers and phones seized and said Mr Poptoshev could be imprisoned if he did not. He claims he did not do this due to fears that he may incriminate himself. He argues that the criminal charges, the power of arrest and impugned coercive power as contained in sections of the 2001 Act, amount to a disproportionate interference with his rights and his privilege against self-incrimination. No power exists within the 2001 Act to compel the disclosure of passwords of phones, it is claimed.

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Dublin Michael-Lynn

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