Case No. 20511Brothel keeping · Co. Dublin

Supreme Court quashes arrest warrant for Dublin brothel keeper

Martin Morgan, a man in his late fifties, was convicted by a jury in the Dublin Circuit Court on 22 February 2008 of running a brothel and organising prostitution in an apartment on Bachelors Walk, Dublin, between August and October 2005. He was sentenced to three years' imprisonment and fined €24,000, and a confiscation order of €243,583 was made against him. After Morgan failed to pay the order, the High Court issued a bench warrant for his arrest in November 2020, which the Court of Appeal overturned in June 2022. The Supreme Court dismissed the DPP's appeal on 29 June 2023, quashing the warrant on the basis that Morgan, being legally represented, did not need to appear in person.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court10 Feb
    4 reports
  5. Verdict
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
Martin Morgan was convicted by a jury in the Dublin Circuit Court of running a brothel and organising prostitution.
Where
The brothel was operated in an apartment on Bachelors Walk, Dublin.
When
The brothel operated between August and October 2005.
Sentence
  • He was sentenced to three years' imprisonment and fined €24,000.
  • A confiscation order of €252,000 was made, later amended on appeal to €243,583.
Other details
  • Morgan did not pay the confiscation order and claimed to be impecunious.
  • The State estimated Morgan's annual income at approximately €4,000,000 based on garda surveillance over about 22 days.
In court
  • In May 2019 the DPP applied to the High Court for an order of imprisonment over non-payment of the confiscation order.
  • On 18 November 2020 Coffey J in the High Court issued a bench warrant for Morgan's arrest.
  • The Court of Appeal overturned the warrant on 23 June 2022, holding the High Court had no jurisdiction to issue a bench warrant where Morgan potentially faced imprisonment.
  • The Supreme Court granted the DPP leave to appeal on 10 February 2023.
  • The Supreme Court dismissed the DPP's appeal on 29 June 2023, quashing the warrant on the basis that Morgan was legally represented and his physical presence was not required.
49 statements extracted from the articles
  • whatMartin Morgan was convicted by jury in the Circuit Court in 2008 on charges related to the organisation of prostitution. (courts.ie)
  • whereThe brothel was run in an apartment in Bachelors Walk, Dublin. (irishtimes.com)
  • whenThe conviction was on 22 February 2008. (courts.ie)
  • whenThe offences dated back as far as 2005. (courts.ie)
  • whenThe brothel operated between August and October 2005. (irishtimes.com)
  • chargeMorgan was convicted in the Dublin Circuit Court of running a brothel and organising prostitution. (courts.ie)
  • courtHe appealed and the appeal was dismissed. (courts.ie)
  • courtA confiscation order made by the Dublin Circuit Court was amended on appeal to €243,583. (courts.ie)
  • courtOn 18 November 2020 Coffey J in the High Court made an order for Morgan's arrest to answer non-compliance. (courts.ie)
  • courtCoffey J ruled in the High Court that he could issue a warrant. (courts.ie)
  • courtThe Court of Appeal reversed the High Court judgment. (courts.ie)
  • courtThe Supreme Court granted the prosecutor leave to appeal from the Court of Appeal. (courts.ie)
  • courtThe Court of Appeal overturned the warrant and outlined an alternative procedure under section 19.2 of the Criminal Justice Act of 1994. (irishtimes.com)
  • courtThe CoA held the High Court had no jurisdiction to issue a bench warrant for his appearance where he potentially faced being committed to prison. (irishtimes.com)
  • courtThe prosecution contended all steps in enforcing the confiscation order form part of one continuing set of criminal proceedings. (irishtimes.com)
  • courtThe court will consider the point at which a criminal case ends when a confiscation order remains unsatisfied. (irishtimes.com)
  • courtThe 1994 Act allows for a person in contempt of a confiscation order to be imprisoned for up to three years. (irishtimes.com)
  • courtMorgan did not attend the 2020 hearing, but his lawyers argued he filed an affidavit a year earlier explaining his position. (irishtimes.com)
  • courtThe High Court issued the warrant on the grounds that Morgan was on notice of the application and legally represented. (irishtimes.com)
  • courtThe High Court judge issued a bench warrant for Morgan on 18 November 2020. (courts.ie)
  • courtThe Court of Appeal allowed Morgan's appeal against the bench warrant on 23 June 2022. (courts.ie)
  • courtThe accused was represented and his physical presence was not required under the Constitution or the European Convention on Human Rights. (courts.ie)
  • courtThe only fundamental right required is notice to the accused. (courts.ie)
  • courtThe Supreme Court held there was no justification for an attachment order or sufficient basis for a bench warrant. (courts.ie)
  • courtThe Supreme Court dismissed the DPP's appeal on a narrow ground. (courts.ie)
  • courtMorgan was found guilty by a jury. (irishtimes.com)
  • courtThe High Court issued a bench warrant for Morgan's arrest. (irishtimes.com)
  • courtThe Court of Appeal struck down the warrant. (irishtimes.com)
  • courtThe Supreme Court refused the DPP's appeal to reinstate the warrant. (irishtimes.com)
  • courtThe Supreme Court said the warrant should be quashed, for different reasons than the Court of Appeal. (irishtimes.com)
  • courtMorgan was legally represented, so his physical presence was not required. (irishtimes.com)
  • sentenceHe was sentenced to three years' imprisonment and fined €24,000. (courts.ie)
  • sentenceMorgan was found guilty by a jury and jailed for three years in 2008. (irishtimes.com)
  • sentenceThe Circuit Criminal Court granted an order to confiscate €252,000 in assets based on estimations of the net profit of the business. (irishtimes.com)
  • sentenceMartin Morgan was sentenced to 3 years imprisonment. (courts.ie)
  • sentenceThe confiscation amount was set at €243,583. (courts.ie)
  • sentenceMorgan was jailed for three years in 2008. (irishtimes.com)
  • sentenceThe Circuit Criminal Court granted an order to confiscate €252,000 in assets. (irishtimes.com)
  • sentenceIn May 2019 the DPP applied to the High Court for an order of imprisonment over non-payment of €243,000 of the order. (irishtimes.com)
  • otherHis annual income was estimated at about €4,000,000, based on garda surveillance over about 22 days and other factors. (courts.ie)
  • otherMorgan claimed to be impecunious and did not pay the confiscation order. (courts.ie)
  • otherMorgan is in his late fifties and had an address on Highbury Road, London in 2020. (irishtimes.com)
  • otherMorgan previously claimed he had spent the benefits of his criminal activity on business expenses. (irishtimes.com)
  • otherMorgan denied organising prostitution and running the brothel in the Bachelors Walk apartment between August and October 2005. (irishtimes.com)
  • otherThe State estimated Morgan had an annual income of €4 million based on surveillance and other factors. (irishtimes.com)
  • otherThe original €252,583 order was reduced by €9,000 due to gardaí seizing this amount in cash from Morgan. (irishtimes.com)
  • otherThe confiscation amount was not paid. (courts.ie)
  • otherThe forfeiture sum was reduced because gardaí had seized €9,000. (irishtimes.com)
  • otherThe State estimated Morgan had an annual income of €4 million. (irishtimes.com)

The reporting

newest first
  1. 29 Jun2023
    Brothel keeper’s imprisonment hearing could have gone ahead without him - Supreme Court

    Reports a Supreme Court judgment on a bench warrant in the imprisonment-for-default proceedings over Morgan's confiscation order; the underlying offences date from 2005 and Morgan was jailed in 2008.

    convicted, Martin Morgan, late fifties, male, named, irish (judged from name)Martin Morgan
  2. 29 Jun2023
    [2023] IESC 16 Supreme Court: The Director of Public Prosecutions -v- Martin Morgan

    Supreme Court judgment dismissing the DPP's appeal. It holds the bench warrant should be set aside because the accused was represented and notice was enough, so the imprisonment-for-default application could proceed in his absence.

    convicted, Martin Morgan, male, named, irish (judged from name)Martin Morgan
  3. 16 Feb2023
    DPP wants arrest warrant for convicted brothel keeper reinstated by Supreme Court

    The DPP has appealed to the Supreme Court seeking reinstatement of the High Court arrest warrant for Morgan, which the Court of Appeal had overturned. The Supreme Court has granted leave to hear the appeal, noting the issues have 'wide implications' regarding when a criminal case ends under the 1994 Act when a confiscation order remains unsatisfied.

    convicted, Martin Morgan, late fifties, male, named, irish (judged from name)Martin Morgan
  4. 10 Feb2023
    [2023] IESCDET 16 Supreme Court: The People (at the suit of the Director of Public Prosecutions) -v- Martin Morgan

    Supreme Court determination of 10 February 2023 granting leave to appeal from the Court of Appeal. It covers the enforcement of a confiscation order and the High Court warrant issue, and adds the Supreme Court's leave decision.

    convicted, Martin Morgan, male, named, irish (judged from name)Martin Morgan