Counsel for CAB told the High Court no documents have so far been filed since first being directed by the court in February 2021
Last year the couple were granted free legal-aid to contest the Criminal Assets Bureau case that they spent €440,000 on their €125,000 Coolock house - but have not yet provided any affidavits to back their case.
Despite evidence of “eye-watering” luxury holidays, they were granted legal aid to hire a forensic accountant to help them argue against the CAB case.
But last week counsel for CAB told the High Court no documents have so far been filed since first being directed by the court in February 2021.
Counsel for the couple asked for more time and said an accountant had been unwell and a quantity surveyor they had wanted to use had been too busy.
Judge Alex Owens said of lot this had “already been rehearsed” and gave a deadline of 10 February for the affidavits to be filed or the case would be for hearing on the next occasion.
Last October Judge Owens warned the couple to file a defence in a Criminal Asset Bureau case or face losing their free legal aid.
A lawyer for Gately and Lam said there was a very large volume of material involved and the replying affidavits were not ready.
He also refused a request at the time for an extra lawyer after granting the couple legal aid in September for case which centres on their Coolock home.
Gately and his partner Charlotte Lam had claimed they were too broke to pay lawyers to fight the High Court.
CAB had claimed the couple had indulged in luxury holidays and spent €440,000 refurbishing their Coolock home.
Two cars and a €4,400 ladies Rolex watch are being targeted by CAB which alleges the goods were paid for with the proceeds of crime.
Opposing the legal aid application, it was stated the couple had taken luxury cruises and enjoyed “eye- watering” foreign travel.
They went on two cruises including one that started in Singapore in which they had a cabin complete with a balcony visiting Korea, Japan and China.
James Gately said in an affidavit he hasn’t been able to work since October 2015 because of threat to his life but the property cars and jewellery were all bought with legitimate income.