The High Court is likely to hear an appeal today by the Director of Public Prosecutions against the District Court decision to release three men arrested twice in connection with a cannabis seizure.
The Minister for Justice, Mr O'Donoghue, confirmed to the Dail yesterday that the DPP would urgently seek an order of mandamus. This is effectively a request to the High Court to state that Judge William Earley of the District Court erred in law in ordering the release of the men.
The events surround yesterday's release in Dublin District Court of three men after the same court had issued a warrant for their arrest a day earlier. The three were among five men who had been released on Tuesday, again by the District Court.
Judge William Earley ruled yesterday that suspects released from detention under the Drug Trafficking Act cannot be rearrested for the same offence unless there is new evidence against them. It is understood no new evidence exists in this case.
Senior gardai expressed concern at the judgment, saying it brought into question the legitimacy of the criminal justice legislation on the detention and charging of suspects. The three are among six men arrested nine days ago in Tallaght and charged with possession of 300 kg of cannabis. Five were released from custody on Tuesday, and gardai are seeking two others. A sixth has been granted bail. Gardai are also questioning a seventh man.
Opposition parties yesterday sought to make Mr O'Donoghue accept some responsibility for the affair.
The three main opposition parties last night threatened to disrupt next week's Dail business unless the Minister makes a statement and answers questions. Through 50 minutes of Dail questioning yesterday, Mr O'Donoghue said he did not have responsibility for the key decisions in the affair, as they had been made by the courts.
He declined to answer questions about the conduct of the Garda and the Chief State Solicitor's Office, for which he does have responsibility. He said he did not know whether the Chief State Solicitor's Office had been represented at any of the hearings.
It was confirmed last night, however, that the Chief State Solicitor's office had not been represented in court on Tuesday.
"If there are matters which were dealt with inadequately in any way by the authorities, this will be fully investigated," the Minister said. "There will be nothing covered up, there will be no smokescreen . . . If errors were made they were made in good faith."
A Government spokesman said last night that Mr O'Donoghue would make a full statement ail and answer questions as soon as once the appeal process was over.