The trial in Britain of Mr John Gilligan on charges of drug-smuggling and money-laundering will go ahead next year if the British courts refuse his extradition to Ireland, a London judge was told yesterday. Mr Gilligan was told on Tuesday that the British authorities support the extradition order, which includes a charge of murdering journalist Veronica Guerin. He was arrested at Heathrow Airport in October 1996 and is accused of having more than £300,000 concealed in a suitcase.
At a hearing yesterday in Woolwich Crown Court Mr Nigel Peters QC, for the prosecution, asked for an adjournment of the proceedings against Mr Gilligan in relation to drug-smuggling and money-laundering charges because the Irish authorities had begun the extradition process.
Describing the case as "exceptional", Mr Peters said it would be "perfectly proper" to adjourn "these serious charges" and extend the custody time limits because Mr Gilligan still had to decide if he would appeal against an extradition order.
Mr Gilligan has less than 15 days to appeal to the High Court for a judicial review or a writ of habeas corpus.
"If he succeeds in his application to the High Court, Customs and Excise wish to proceed with this case. If he is returned to Ireland we would seek a nolle prose- qui ruling on these charges from the Attorney General," Mr Peters added.
There would be no prejudice against Mr Gilligan if the trial was further adjourned, he argued.
Opposing the applications Mr Gilligan's counsel, Ms Clare Montgomery QC, charged the prosecution with "paying no regard to the law".
The prosecution had made a "deliberate and positive" decision to use the charges against Mr Gilligan as an "insurance policy" should the extradition proceedings fail. The custody time limits had lapsed, Ms Montgomery said, and at "every stage" the prosecution had "dragged their feet to spin out their case".
Mr Gilligan "wishes to be tried but the prosecution does not want to try him," she added.
The judge, Mr Justice Rucker, retired from the court for 40 minutes. When he returned he said he felt there was "no question" of bad faith on the part of the prosecution and the case would take "a back seat" while Mr Gilligan's fate was "largely governed by the extradition proceedings".
Furthermore, because of the Garda belief that it had evidence of drug-smuggling by Mr Gilligan in Ireland, and of the "serious allegation" that he took part in the murder of Ms Guerin, he would be in custody "for a very, very long time".
Ms Montgomery then appealed to the judge to set a date for Mr Gilligan's trial.
Mr Peters pointed out that a date would be difficult to set since an appeal against Mr Gilligan's extradition was unlikely to be heard in the High Court before the end of the year.
Mr Justice Rucker agreed to set a trial date for January 2nd, 1998, and extended custody until that date.