Convicted criminal John Gilligan (57) failed in his bid to have a charge under the 2007 Prisons Act struck out during a sitting of Portlaoise District Court today.
Gilligan was representing himself on charges of possessing a mobile phone and sim card at Portlaoise prison on July 30th, 2008.
State Solicitor Donal Dunne told Judge Gerard Haughton that new evidence had come to light following negotiations with telecommunications service providers.
Requesting more time, he explained “that information has come to hand but it has to be collated and presented to Mr Gilligan.”
Gilligan objected to the introduction of new evidence. "As far as I remember there was a trial date fixed for this on October 29th,” he argued.
Judge Haughton adjourned the case to Portlaoise District Court on November 19th. A date will then be fixed to hear the prosecution evidence and establish whether or not there is a case to answer, he said.
If convicted of possessing a mobile phone under the 2007 Prisons Act, Gilligan could face a five year prison sentence.