Woman’s explanations for source of funds ‘did not hold water’, judge rules in Cab case

A woman’s “half explanations” for the origin of funds used to purchase and renovate her Co Laois home and various luxury goods “simply did not hold water”, a High Court judge has said.

Mary Cash (née Kiely) sought to persuade the court that her work as a cleaner, childminder and escort in Australia, and trading throughout her adulthood, were behind many of the lodgements in her bank accounts.

However, Mr Justice Alexander Owens found the excuses to be “utterly unpersuasive” and he was satisfied he could make orders, sought by the Criminal Assets Bureau (Cab), permanently freezing various assets as direct or indirect proceeds of crime on the balance of probabilities.

The Cab alleged Ms Cash (32) purchased and renovated her family home on Harpur’s Lane, Portlaoise, with proceeds derived from burglaries allegedly carried out by Ms Cash’s husband, Andrew Cash, and her brother, Henry Kiely. Neither of the men are subject to the proceedings against Ms Cash.

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Mr Justice Owens said Mr and Ms Cash led an “exotic lifestyle” involving a lot of discretionary spending.

There was “not a scratch of information” to explain how she came to afford through lawful earnings so many handbags and “various items of bling”. Neither was there really an explanation for how they came up with some €90,000 to purchase their Co Laois home and the subsequent sums spent renovating it, the judge said.

Earlier this month Mr Justice Owens made similar orders in respect of three cash seizures, totalling €27,000, on account of Ms Cash pleading guilty at Kilkenny Circuit Court to related charges of money laundering.

Ms Cash denied the Cab’s allegations in the High Court concerning her home, a Volkswagen Golf, other cash amounts and various luxury goods.

On Friday, the judge found in favour of the bureau, represented by barrister Shelley Horan, regarding all of these assets.

Previously, Ms Horan told the court there was no known legitimate income to support the “very lavish lifestyle” of Mr and Ms Cash.

Ms Cash has received €140,000 in means-tested social welfare payments, while there is no record of Mr Cash having a bank account or being employed, the court heard.

Unexplained lodgements totalling €397,000 were made into one of Ms Cash’s bank accounts between 2015 and 2019, counsel said.

Ms Cash’s barrister said she uses cash on a daily basis and this is not illegal. She traded in horses, caravans and other goods since she was young and accepts tax liabilities in relation to them, counsel said.