LAWYERS representing Mr John Gilligan, who has been charged with drug trafficking offences, have announced they are seeking a judicial review of his case on all charges.
Their decision came yesterday at Woolwich Crown Court where Mr Gilligan appeared at a short hearing. Mr Gilligan was also told he will stand for trial on September 8th, 1997.
The judicial review was being sought, Mr Williams for the defence said, because a ruling at Belmarsh Magistrates' Court to send Mr Gilligan for trial had been called into question. The judicial review will be heard in the High Court some time during April or May.
Mr Gilligan is facing charges under Section 49 1(a) and Section 50(1) of the Drug Trafficking Act 1994 relating to the concealment of money in order to avoid a drug trafficking offence. He was arrested at Heathrow airport on October 6th, 1996, attempting to board - a flight to Amsterdam when British Customs and Excise officers found £330,000 concealed in his suitcase.
Admitting that it was unlikely the High Court would rule in his favour, Mr Williams agreed to a trial date being set for Mr Gilligan, "because we wish there to be a deadline to work towards. The prosecution does not want this case to keep slipping."
During the hearing the prosecution served 24 new witnesses in court, although they explained that a small number were additional statements given by original witnesses.
However, in a surprising move, Mr Peters, for the prosecution, announced that a further 54 Irish witnesses had been contacted and were willing to give evidence. A large number are unwilling to travel to Britain, however, "because they are in fear of the defendant and others," Mr Peters said.
If the judicial review of Mr Gilligan's case is unsuccessful, the prosecution said it would travel to Ireland during the summer to interview the additional witnesses. Several of the witnesses would be giving evidence "of a sensitive nature" relating to the case, and Mr Peters predicted a "long time" would be needed to collect their statements. If Mr Gilligan's trial does go ahead these statements would then be read out in court.
A further hearing, after the High Court reaches its decision on Mr Gilligan's case, will be heard at Woolwich Crown Court on May 1st.