Dutch man facing allegations of attempted murder, assault and money-laundering, court hears
A Dutch man who was arrested in Dublin during a garda swoop on an alleged Kinahan gang property should be sent back to Holland to face prosecution for assault, attempted murder and money laundering, the High Court has heard.
The Amsterdam Public Prosecutor has issued three European Arrest Warrants for Naoufal Fassih (36), a Dutch citizen of Moroccan origin.
At the High Court today counsel for the Minister for Justice, Ronan Kennedy BL, said Mr Fassih is wanted to face allegations of attempted murder, assault, possession of false documents and money laundering in The Netherlands and for a suspected money laundering offence in Ireland.
He said the first offence relates to a violent assault at a Dutch nightclub on October 5, 2012.
The prosecutor in Amsterdam said that Mr Fassih is suspected of being involved in a fight that left several people injured, one seriously.
The prosecutor wrote to the Irish authorities earlier this month explaining that a judge in Amsterdam had already discharged Mr Fassih on that charge due to a lack of evidence.
However, the prosecutor intends to appeal that judgment and wants Mr Fassih to be there for the appeal.
The second charge relates to over €10,000 in cash that Mr Fassih had on him when he was arrested in 2012.
Mr Fassih was on social welfare at the time and refused to explain to the Amsterdam police how he could be in possession of such a sum.
The court heard that he can be prosecuted under Dutch money laundering laws for failing to explain where the cash came from.
The third charge alleges that he was in possession of a false passport.
The warrant for the attempted murder charge was issued last September and relates to a botched assassination on November 5, 2015.
The Dutch authorities said they suspect that he paid €8,000 to the would-be assassin and that he gave instructions on how to carry out the killing.
Another European Arrest Warrant was issued after Mr Fassih's arrest at an apartment believed to belong to the international Kinahan crime gang on Dublin's Baggott St in April last year.
Mr Kennedy said Fassih was in possession of luxury watches worth over e40,000, cash, mobile phones and "other items that can be linked to criminality".
Although the seizure was made in Dublin, Dutch authorities said they can adjudicate on Dutch citizens accused of crimes committed in other jurisdictions.
Representing Mr Fassih, John Byrne BL said there is no evidence linking Mr Fassih to the items seized at the Dublin apartment other than that he was present when the raid took place.
He said that he could not be prosecuted in Ireland in those circumstances and therefore should not face extradition to Holland on those grounds.
Dealing with the other issues in the three warrants, he said the fact that Mr Fassih has already been acquitted on the assault charge means that the "precise nature" of the proceedings against him are not known.
In relation to money laundering, he referred to the "expert opinion" of a Dutch lawyer who is acting for Mr Fassih.
The Dutch lawyer, in an affidavit given to the court, said that under Dutch law there is not enough evidence in the warrant to bring a prosecution, and he therefore should not be extradited.
Mr Byrne said the allegation in relation to the false passport is merely that he is a suspect in a crime but the authorities have not decided whether to prosecute. This, he said, would be insufficient grounds for an extradition.
On the attempted murder charge, he said it is not clear from the warrant what the specific charge against Mr Fassih would be, as it is not alleged that he is the hitman.
Justice Aileen Donnelly put the case back to next Thursday, February 2 for judgement.
