Exclusionary rule does not apply in proceeds of crime cases

Proceeds of crime – order prohibiting MMJ and MMS from disposing of or otherwise dealing with certain property – s. 3 of the Proceeds of Crime Act, 1996 – provenance of the cash found and the funds used for the purchase of the Irish Life Investment Bonds – whether the trial judge was wrong not to exclude the fruits of an illegal search – whether the exclusionary rule applies in proceeds of crime cases – Proceeds of Crime (Amendment) Act, 2005 – applicability of the exclusionary rule – Liz Heffernan (with Una Ni Raifeartaigh) Evidence in Criminal Trials (2014, Bloomsbury) – Walsh, Criminal Procedure (Thomson Roundhall, Dublin, 2002) – admission of hearsay evidence – whether the evidence which is admissible for the purpose of demonstrating the reasonableness of the belief that the property is the proceeds of crime does has to be evidence that would be admissible in a criminal trial – admissibility of hearsay evidence for the purpose of supporting the prima facie evidence of belief does no violence to the Act – whether there were reasonable grounds for the belief the items were proceeds of crime – whether the evidence given by CAB which was before the trial judge in relation to the two bonds purchased in February 2005, was insufficient to shift the onus to the appellants to explain the source of funding – s. 18 of the Criminal Justice (Money Laundering and Terrorist Financing) Act, 2010 – there was ample evidence adduced by CAB to justify a conclusion by the trial judge that a prima facie case had been made out – appeal dismissed.