Martin Morgan jailed for three years in 2008 for organising prostitution and running brothel at Dublin apartment
In principle, it remained open to the DPP, on foot of adequate evidence, to bring a “fresh and appropriately drafted” application under section 19.2 of the Criminal Justice Act of 1994 to have Morgan attached and brought before the High Court to explain why he should not be found in contempt, and committed to prison, the CoA said.
The CoA erred in deciding that the application to the High Court pursuant to section 19 of the Criminal Justice Act of 1994 constituted the start of “separate enforcement proceedings running in parallel with [the] underlying criminal proceedings”. Opposing the grant of leave to appeal, Morgan said the CoA correctly applied the law and the ruling should stand.
It will also interrogate whether a criminal case ends and a civil case begins if an application for imprisonment in default of compliance with a confiscation order is made in the High Court, rather than in a criminal court. He denied organising prostitution and running the brothel in the Bachelors Walk apartment between August and October 2005. He was found guilty by a jury and jailed for three years in 2008.
Following Morgan’s conviction, the Criminal Assets Bureau applied to the High Court to enforce the confiscation order. The original €252,583 order was reduced by €9,000 due to gardaí seizing this amount in cash from Morgan.
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