An associate of jailed former solicitor and property developer Michael Lynn has failed in his High Court attempt to halt his prosecution on charges of allegedly refusing to comply with a search warrant.
Yavor Poptoshev (48), a Bulgarian national and company director, is charged before the District Court with three counts of failing to hand over passwords for devices seized during a search conducted by the Garda National Economic Crime Bureau on foot of a warrant.
The married father of two, of Kilmacud Road Upper, Stillorgan, denies any wrongdoing and claims he has not committed a criminal offence.
The High Court on Wednesday refused Mr Poptoshev’s request to restrain his District Court prosecution.
Mr Justice Conleth Bradley did not agree with Mr Poptoshev that the State’s power to compel him to provide information to progress a Garda investigation in which he himself was a suspect was a “disproportionate interference” with his privilege against self-incrimination.
The judge found that the privilege against self-incrimination was not engaged in the case.
He rejected the claim that this power, under the Criminal Justice (Theft and Fraud Offences) Act of 2001, and another permitting an arrest and charge of someone who refuses to provide a device password are unconstitutional.
The judge said the three devices were covered by the warrant permitting a search and seizure of items at his home. The power to request passwords to operate the devices came from the authority of the search warrant, he held.
The judge said that in the background is a complex investigation by the Garda National Economic Crime Bureau into suspected alleged criminal offences, including potential revenue offences, Companies Act offences and social welfare fraud arising out of the conviction of Michael Lynn last year.
Lynn (55), formerly of Millbrook Court, Redcross, Co Wicklow, was sentenced last February to 5½ years in prison for stealing some €17.9 million from six financial institutions 16 years ago by taking out multiple mortgages over the same properties.
He pleaded not guilty and has brought an appeal against his conviction.
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The Garda search of Mr Poptoshev’s home last January came as part of the subsequent economic crime bureau investigation.
Mr Poptoshev confirmed he owned the three password-protected devices but refused to provide gardaí with their codes after receiving advice from his solicitor.
In his High Court documents, he said he has known Lynn for about 15 years, having worked with him on projects in Portugal, Slovakia, Hungary and elsewhere
He said he assisted Lynn, a business associate and “personal friend”, in reviewing large volumes of documents for his trial and retrial. Related materials were in physical and digital form at his home and some are the subject of legal professional privilege, he argued.
Sourse: breakingnews.ie
