Hutch Gangster Ordered to Evict Family Home
James ‘Mago’ Gately, a prominent figure linked to the Hutch organized crime gang, and his partner Charlene Lam have been given a four-month ultimatum to vacate their family home in Coolock, north Dublin. The High Court's decision comes after a lengthy legal battle and follows a previous ruling that the property, along with a car and a Rolex watch, were “overwhelmingly” the proceeds of crime. This Christmas will be their last in the house, which was purchased in 2013 for €125,000 and subsequently underwent extensive renovations costing up to €440,000, significantly increasing its value.
The Legal Battle and the Eviction Notice
The High Court judge, Mr. Justice Alexander Owens, rejected pleas from Gately's partner, Charlene Lam, for a two-year extension to vacate the premises. Lam, who was present at the hearing while Gately was absent, argued that the eviction would disrupt their eldest son's Leaving Certificate exams in June. Her counsel, David Perry, requested additional time to find alternative accommodation and secure the necessary finances. The couple's lawyers emphasized that Ms. Lam, a self-employed beautician, pays the living expenses and mortgage on the family home, and has no connection to Gately's alleged criminal activities.
Arguments Presented in Court
David Dodd, representing the Criminal Assets Bureau (CAB), countered these arguments, highlighting that the case had been ongoing since 2021 and delays should not warrant special treatment. He asserted that the couple possesses the financial means to secure rental property in the area, having had ample time to do so since the initial judgment. Dodd emphasized that most individuals in similar situations are given three months to vacate, and that Gately and Lam should not receive preferential treatment because of the high-profile nature of the case involving organised crime. In fact, the judge noted that the mortgage hadn't been paid since December 2023 and the house wasn't insured against damage.
The Judge's Decision and its Implications
Ultimately, Mr. Justice Owens ordered the family to vacate the property by 11 am on April 1, 2025, appointing a receiver and granting the power of sale for the house, along with the seized Volkswagen Golf and Rolex watch. The judge's decision reflects a firm stance against organized crime and a belief that Gately and Lam should face the consequences of the ruling regardless of the emotional appeals. The judge did, however, reserve his decision on a separate request by Ms. Lam regarding the return of €16,000 in mortgage payments she claims were made from legitimate earnings since 2019. The judge will review bank accounts from that period to evaluate the claim.
Examining the Judge's Reasoning
The judge's decision is rooted in his previous June ruling which concluded that the couple's lavish lifestyle – which included extensive international travel – was funded by proceeds of crime. He noted that the couple were “virtually never in the State”, preferring instead to spend their time in airport terminals and on cruises to the South Seas and the Caribbean. This conclusion, along with evidence from bank accounts examined from 2013 to 2019, forms the basis for the current eviction order. The court found that even the mortgage payments made until 2019 were sourced from illegal activities. Ms. Lam was previously awarded €5,000 from any proceeds of the sale for legitimate mortgage payments made before 2019. The judge emphasized that although he would prefer the family remained until July, the available evidence shows that the case should have been progressed much sooner.
The Ongoing Impact of the Kinahan-Hutch Feud
The case underscores the ongoing impact of the Kinahan-Hutch feud, a violent and protracted conflict that has significantly affected Dublin's underworld. The CAB alleges links between Gately and various serious crimes, including armed robberies, gangland murders, and drug trafficking, although he has never been convicted of these offences. Notably, Gately was the target of two assassination attempts in 2017, highlighting the perilous nature of his involvement. The attempted murders highlight the extreme danger and high-stakes nature of this ongoing feud. Gately's legal team argued that he hasn't worked since 2015 due to threats to his life, connected to the Kinahan-Hutch feud. The events of the past decade, and the continued consequences, have shaped the current legal landscape, underscoring the challenges of addressing crime within a complex and dangerous environment. The final resolution of the legal matters, including the outcome of Ms. Lam’s financial claim, and the potential implications of the sale of the property, remain to be seen.
The total worth of the assets seized – the house, car, and watch – exceeds €600,000. This significant sum underscores the scale of the alleged criminal activity. The outcome of this case serves as a reminder of the complexities involved in pursuing justice in high-profile organised crime cases, balancing individual rights with the public interest in tackling organized criminal networks. The potential implications for similar cases remain to be seen. The long-term consequences of the feud, and how such conflicts continue to influence individuals, families, and their communities, needs to be examined in future legal battles.