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The appeal court signalled that an alternative procedure might be followed by the Director of Public Prosecutions to have Morgan come before the court to explain his alleged contempt. Mr Justice John Edwards stressed it remains open to the DPP, in principle, and on foot of adequate evidence, to bring a “fresh and appropriately drafted” application under section 19.2 of the Criminal Justice Act 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, for noncompliance with the confiscation order.
The general rule is the method used to secure an accused person’s attendance before a court should be least restrictive of their liberty, he said. There was no evidence Morgan was requested to attend before the High Court voluntarily, whether it was possible or practical to do so and no evidence of any process commanding his attendance that he was in default of.
The Circuit Criminal Court later granted an order to confiscate some €252,000 in assets based on calculations of what the net profit of the business was likely to have been during the 22 days under which the apartment was under Garda surveillance.
The judge and top garda were his best clients most likely
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