The High Court has adjourned to Thursday a hearing on an application by the DPP to quash decisions made by a District Court judge which resulted in the release of five men detained in connection with a £3 million seizure of cannabis in Dublin.
Mrs Justice McGuinness said she would adjourn the matter to allow the five men respond to the applications by the DPP and to facilitate an exchange of documents between all parties.
The judge said "an urgent point of very profound public importance" was involved. The issue was of very great importance to the DPP and to all the parties involved.
Two of the five men were not formally represented in court yesterday and the judge was told the gardai had so far failed to serve notice of the proceedings upon them. She directed that the gardai again try to serve the two men - Mr Eugene Kelly and Mr Michael Maguire.
Mr Diarmaid McGuinness SC, counsel for the DPP, said the DPP was unwilling to have the matter put off for another week and was anxious for the court to hear and determine it as soon as possible.
The DPP was anxious to have the five persons charged before the courts, counsel said. He said the rulings made on the matter also had far-reaching consequences as far as other legislation was concerned.
The High Court was told last Friday that gardai claimed to have found 300 kgs of cannabis resin at a house at Pineview Road, Aylesbury, Tallaght, Co Dublin, on November 13th last and to have arrested three men. The three were named in court as: Mr Patrick Ralph (33), Village Crescent, Celbridge, Co Kildare; Mr Christopher Burke (26), of Fettercairn, Tallaght; and Mr Maurice O'Riordan, Pineview Road.
The court heard that two other men, Mr Kelly and Mr Maguire, were also arrested.
The five were released, rearrested and charged with offences under the Misuse of Drugs Act before being brought before District Judge William Early last Tuesday. He ruled that their rearrest was unlawful and that therefore the charges against them, their subsequent custody and appearance in court, were also unlawful.
Three of the men were rearrested for a second time and brought before Judge Early again last Thursday and were again released.
Last Friday, Mrs Justice McGuinness granted permission to the DPP to apply for orders quashing Judge Early's decisions and adjourned the matter to yesterday.
Three of the men were legally represented at yesterday's hearing but Ms Aileen Donnelly, barrister, and Mr Terence Lyons, solicitor, said they had received no instructions from their respective clients, Mr Kelly and Mr Maguire.
Mr Anthony Sammon SC said he appeared for Mr O'Riordan who was deemed to be a respondent in the matter. He requested further time.
Mr Luigi Rea said he was counsel for Mr Ralph and wished to know Mr Ralph's status in the matter. His client was in court and had not at any time tried to evade detection or arrest. Mr Ralph had never been charged with or convicted of a criminal offence and had spent five days in detention, some of which "appears unlawful", he said.
If the matter came to court, his client would be pleading not guilty, counsel said. He requested more time.
Ms Isobel Kennedy, counsel for Mr Burke, also sought more time and clarification of her client's status.
Ms Donnelly said she was present out of courtesy to the court. Her side had appeared for Mr Kelly in the District Court but at present had no instructions from Mr Kelly. She could not be satisfied he had been served or that an attempt had been made to serve him in relation to the proceedings.
Counsel said there was a serious discrepancy between documents advanced by the DPP. One stated that Mr Kelly was arrested at common law while another said his arrest was made under statute.
Mr Lyons said he had acted for Mr Maguire in the District Court but had had no contact with Mr Maguire since last week and had no instructions.
Mr McGuinness said gardai had, to date, failed to serve Mr Maguire with notice of the proceedings. There was also an attempt to serve Mr Kelly and there was contact with his father who said he had not seen his son since Tuesday last. Counsel said Mr Kelly's father had said he would pass the message on to his son if he saw him.
Mrs Justice McGuinness said the file should be amended to make Judge Early a respondent and all others notice parties in the matter. She appreciated the difficulties involved but said it was an urgent matter and she would deal with it on Thursday. She also directed that any papers not yet served on the parties should be served.
The judge told Ms Donnelly and Mr Lyons their appearance was not necessary unless the gardai succeeded in serving notice of the proceedings on Mr Kelly and Mr Maguire.
