A partner of the imprisoned ex-lawyer and real estate entrepreneur, Michael Lynn, has initiated proceedings in the High Court, claiming that he is being charged under an unlawful law. Yavor Poptoshev (48), a Bulgarian native and business executive, is facing three charges for not providing the passwords for devices confiscated during a Garda National Economic crime Bureau raid carried out by virtue of a warrant. Mr. Poptoshev’s Dublin home was searched on the early morning of January 9th as part of an inquiry into money laundering, the court was informed on Monday.
For the prosecution, the court has brought to attention that Mr. Poptoshev alleges the ability of the State under the Criminal Justice (Theft and Fraud Offences) Act of 2001 to force him to offer details that could aid a Garda inquiry in which he himself is implicated is an “excessive disruption” of his right against self-incrimination.
He considers this and another 2001 Act regarding the power to apprehend and accuse a person who refuses to provide a password to be against the constitution. The married father of two refutes any misdemeanour and asserts that he has not performed any criminal act.
Mr. Poptoshev, a resident of Kilmacud Road Upper, Stillorgan, stated that he aided Lynn, a colleague and “personal associate”, in examining vast quantities of documents for his trial and retrial. The documents were both physical and digital and were stored at his residence; it was contended that some are under legal professional privilege.
Lynn was incarcerated in February for five and a half years for purloining roughly €17.9 million from six financial establishments 16 years earlier by procuring various mortgages on the identical properties. He denied all allegations and is now attempting to challenge his sentence. Mark Lynam, representing Mr. Poptoshev, informed the court on Monday that the 2001 Act was enforced before the invention of smartphones, meaning lawmakers wouldn’t have had the opportunity to assess the Act’s effect on such equipment. During the January raid, his client decided not to reveal his passwords and requested to speak with his lawyer.
Following his arrest, the accused sought advice from his barrister, who recommended non-disclosure, which was not accepted by the gardaí, who charged him utilising the wide-ranging powers provided under the 2001 Act, according to Mr. Lynam and Paul Comiskey O’Keeffe. The accused’s counsel’s request for clarity around the supposed search scope of his devices was disregarded by the law enforcement.
Material related to Lynn’s trials could be found on the defendant’s devices, according to Mr. Lynam who was counselled by Mulholland Law. He added that there was a valid justification for withholding passwords and an individual should not face charges for something that isn’t punishable by law.
Ms Justice Niamh Hyland permitted Mr Poptoshev to proceed with his case against the DPP, the Garda Commissioner, the State of Ireland, and the Attorney General, with the Irish Human Rights and Equality Commission added to the case as a notice party. The case has been delayed until the following month.
Mr Poptoshev, who relocated to Ireland with his family roughly one and a half years ago and has a career in property development while also directing numerous companies. He alleges that some of these establishments are under gardaí investigation due to supposed fraud involving money laundering, deception, and social welfare(not involving him). Gardaí are also looking into Lynn’s involvement in some transactions.
Having engaged with Lynn on various tasks in Portugal, Slovakia, Hungary and numerous other locations over the past 15 years, Mr Poptoshev asserts that the demand for a device password should be endorsed by a judge initially, stating that this step is crucial for protecting an individual’s privacy rights.
The court has been asked to prevent Mr Poptoshev’s prosecution for the three charges and to state that the 2001 Act’s features breach both the constitution and the State’s responsibilities under the European Convention on Human Rights.
On February 6th, Mr Poptoshev was present at Dún Laoghaire District Court, where he was accused under section 49 (1) of the 2001 Act, of impeding a garda by refusing to reveal the passwords to two mobiles and a laptop at a flat on St Raphaela’s Road, Stillorgan, Dublin.
Tune in to our Inside Politics podcast for in-depth political conversation and dissection.