A lawyer for John Gilligan, accused of the murder of journalist Veronica Guerin, claimed at the Special Criminal Court yesterday that there had been "collusion" between the British and Irish authorities to keep his client in custody in England until gardai were ready to seek his extradition back to Ireland.
Mr Michael O'Higgins SC said he would apply at the start of the trial next Monday that his client was not lawfully before the court because of abuse of process.
During pre-trial motions, Mr O'Higgins sought disclosure of all documentation between gardai and the British police relating to the arrest, detention and prosecution of Gilligan in Britain and to his extradition. Mr O'Higgins said Gilligan was arrested at Heathrow airport on October 6th, 1996, and was found to be in possession of a large amount of money. He was brought before a magistrates court and charged under drugs-trafficking legislation.
A trial date was set for September 8th, 1997. Nine days before it was due to start, an application was made before the Special Criminal Court for a number of warrants relating to the murder of Ms Guerin, the importation of drugs and firearms offences.
The British authorities indicated that they would not proceed with their prosecution and Gilligan was arrested on the extradition warrants.
Mr O'Higgins said it was always part of Gilligan's case that he was detained in Britain between October 6th, 1996, and September 8th, 1997, because the British authorities were facilitating the Irish authorities by keeping him in custody until they were ready to move against him. He was extradited to Ireland last February.