Extradition proceedings against Mr John Gilligan, including a charge of murdering the journalist Veronica Guerin, were adjourned yesterday, following Mr Gilligan's apparent refusal to recognise the authority of the court.
Mr Gilligan is being sought in Ireland on a charge of murdering Ms Guerin; having cannabis with intent to supply; having firearms with intent to endanger life; and possession of ammunition.
Mr Nigel Peters QC, representing the Government, reminded Belmarsh Magistrates' Court that 18 warrants had been issued by the Special Criminal Court on August 29th and endorsed on September 3rd.
Mr Peters said he intended to detail the "sufficient particularity" of the charges on the extradition warrants in Irish law corresponding with British law.
Taking each warrant in turn, Mr Peters said all the offences listed were "contrary to common law" in Ireland and corresponded to the same offences in British law. Pointing to the warrant for murder, Mr Peters said the offence was of sufficient particularity to correspond with the same offence in Britain and the court could therefore order Mr Gilligan's extradition.
The other charges, of unlawful importation of cannabis into Ireland and the possession of cannabis, firearms and ammunition, Mr Peters argued, were also of "sufficient particularity that the court can be satisfied there is correspondence".
The extent of Mr Gilligan's alleged possession of firearms was listed and included a Sten Mark II sub-machinegun, five semi-automatic pistols and magazines.
Challenging Mr Peters's interpretation of Irish law, Mr Gilligan's counsel, Mr James Lewis, said he did not believe the court could act on the simple particular of Ms Guerin's murder of because the court did not know the elements of the corresponding offence in Irish law.
Mr Lewis asked Garda Det Insp Jeremiah O'Connell if he knew Mr Gilligan and if he had ever met him. Mr O'Connell said he had met Mr Gilligan "on a number of occasions while observing criminals in the late 1970s" and in the late 1980s "in courts".
However, when Mr Lewis asked him if he was aware `'the person in the dock was at sea for 15 years?" Mr O'Connell replied: "No". Then, calling on Garda Det Sgt Martin O'Neill of the extradition section, Mr Lewis asked him if he knew Mr Gilligan.
Mr O'Neill said he had known Mr Gilligan since 1983 when, as a uniformed officer at Blanchardstown in Co Dublin, he had "met Mr Gilligan, spoken to Mr Gilligan. I know his wife and son. I have stopped Mr Gilligan in his car. He would be well known to me." Mr Peters then called Mr Tom O'Connell, a Dublin barrister, to the witness box. Mr O'Connell explained in detail the offences under Irish law contained in the warrants against Mr Gilligan. According to Irish law, he said, the penalty for murder and firearms offences was a life sentence.
Raising his objection to the interpretation of Irish law and Mr O'Connell's evidence, Mr Lewis asked for an adjournment to prepare his cross-examination "because I had not been given formal notice of his evidence".
Mr Peters, however, admonished Mr Lewis, saying: "It seems no research has been done to allow the cross-examination of the witness. He should have been prepared to deal with it."
Agreeing to adjourn until October 28th the magistrate, Mr David Cooper, asked Mr Gilligan to stand before the court. During a somewhat tense scene Mr Gilligan remained in his seat despite three requests to stand. Mr Cooper then instructed Mr Lewis to ask his client what his problem was. After consulting Mr Gilligan, Mr Lewis said: "I'm not sure if he recognises this court", at which point the magistrate told Mr Gilligan he considered his actions to be "in contempt of court and I'll deal with you at the end of these proceedings".