Case No. 20511Brothel keeping · Co. Dublin

Supreme Court rules brothel keeper's imprisonment hearing could proceed without him

Martin Morgan was convicted by a jury in the Dublin Circuit Court in 2008 of running a brothel and organising prostitution in an apartment in Bachelors Walk, Dublin, with offences dating to 2005. He was sentenced to three years' imprisonment and fined €24,000, and a confiscation order was later set at €243,583, which was not paid. In May 2019 the DPP applied to the High Court for his imprisonment for non-payment, a bench warrant was issued on 18 November 2020, and the Court of Appeal struck it down on 23 June 2022. On 29 June 2023 the Supreme Court dismissed the DPP's appeal, holding that the warrant should be quashed for different reasons, because Morgan was represented and had been notified, so the imprisonment application could proceed without him.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court10 Feb
    3 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 Circuit Court in 2008 of organising prostitution by running a brothel.
Where
The brothel operated in an apartment in Bachelors Walk, Dublin.
When
The brothel operated between August and October 2005, and the offences date back to 2005.
Charges
Morgan was convicted in the Dublin Circuit Court of running a brothel and organising prostitution, and his appeal against conviction was dismissed.
Sentence
  • Morgan was sentenced to three years' imprisonment and fined €24,000 in 2008.
  • The Circuit Court made a confiscation order, which sources give as €252,000, and on appeal it was amended to €243,583.
Other details
  • The State estimated Morgan's annual income at about €4 million, based on garda surveillance over about 22 days and other factors.
  • Morgan claimed to be impecunious and the confiscation amount was not paid, with the forfeiture sum reduced because gardaí had seized €9,000.
Investigation
In May 2019 the DPP applied to the High Court for an order of imprisonment for non-payment of the confiscation order.
In court
  • On 18 November 2020 Coffey J in the High Court issued a bench warrant for Morgan's arrest to answer the non-compliance.
  • On 23 June 2022 the Court of Appeal allowed Morgan's appeal against the bench warrant and struck it down.
  • On 10 February 2023 the Supreme Court granted the DPP leave to appeal from the Court of Appeal.
  • On 29 June 2023 the Supreme Court dismissed the DPP's appeal, holding the warrant should be quashed for different reasons because Morgan was represented and notified, so the application could proceed in his absence.
35 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 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)
  • 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)
  • 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. 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