£400,000 claim man 'let matter slip'

A man fighting for the return of nearly £400,000 in cash confiscated by police in Luton "let the matter slip" for more than eight years, a court has heard.

Irishman Mark Fay, 35, left three items of luggage with Group 4 Security in Luton, Bedfordshire, in July 1993.

He told staff they contained mortgage documents belonging to his parents.

But the security men found the bags contained £390,790 in used Bank of England and Bank of Scotland notes.

The fact that he behaved in such a cavalier fashion when ...he was entitled to the return of close to £400,000 only serves to reinforce the submission Bedfordshire Police's barrister, Gerard Boyle

Group 4 contacted police who were waiting for Mr Fay when he returned six weeks later to collect the luggage.

The bags were seized and Mr Fay arrested on suspicion of money-laundering.

He was questioned about why he left so much cash in the holdalls at a storage facility rather than put it in a bank but he refused to answer.

By October that year, police decided there was not enough evidence to prosecute and Mr Fay was told he would not be charged.

'Demanded money back'

He asked for his money back, but the police refused.

In May the following year Mr Fay started court proceedings in Luton demanding the police return his bags and what he said was £421,000 in cash.

Then he returned to his home in the Irish Republic.

Police claim that from then they heard no more from him until they applied to have the claim struck out in 2002 because the time limit had expired for court action.

When Mr Fay applied again for the return of his money, abandoning the claims for damages, it was struck out by a County Court judge.

'Let matter slip'

But in February this year a High Court judge allowed Mr Fay's appeal and reinstated his claim.

Bedfordshire Police have now taken the case to the Court of Appeal.

On Friday their barrister, Gerard Boyle, told the judges: "Mr Fay says he ran out of money to pay lawyers because his business failed and he let the matter slip."

He said there was a "total lack of activity" by Mr Fay from 1994 to 2002 when he was in Ireland.

"The fact that he behaved in such a cavalier fashion when, if he was right, he was entitled to the return of close to £400,000 only serves to reinforce the submission that his possession of the money was deeply suspicious," he said.

The court reserved its ruling to a later date.