A MAN who was arrested at Dun Laoghaire, Co Dublin, last month was returned for trial to the Special Criminal Court by Judge Gillian Hussey at Kilmainham District Court yesterday.
This followed an earlier appearance by Mr Patrick Eugene Holland before Mr Justice Morris in the High Court, who ordered that he be brought to Kilmainham Court.
Mr Holland (58), with an address at Brittas Bay, Co Wicklow, has been charged with possession and supply of cannabis between October, 1995, and September, 1996.
His lawyers claimed he was in unlawful custody and brought an application to the High Court seeking his release. It was alleged that Judge Hussey had misdirected herself in law when she failed to send Mr Holland forward for trial when he appeared at Kilmainham Court last Friday.
In the High Court yesterday, Mr Diarmaid McGuinness SC, for the State, said the Director of Public Prosecutions had decided not to require the attendance of any witnesses and not to prefer any further charges against Mr Holland.
It was, he said, intended to inform the district court so that a return to trial order could be made. Mr McGuinness said the decisions had been made prior to the last sitting of the district court.
Mr Justice Morris asked why, in those circumstances, was there not an order made for the accused man to be returned for trial.
Mr McGuinness said the district judge had not been served with the papers until May 7th. The DPP was now anxious to have an order made for a return for trial.
The judge asked what the point was of a proposed 1 1/2 hour hearing before him when they were all going in the same direction and the object of the exercise was to ensure that justice was done and that the accused was returned for trial.
Mr McGuinness said the difficulty arose because Mr Holland's lawyers maintained their client was in unlawful custody and the State was denying this.
Mr Brendan Grogan SC, for Mr Holland, said if it had been known last Friday that decisions had been made not to prefer further charges and not to call any witnesses, then the State was obliged to inform the district judge of those matters. If that information had been conveyed to her she would have had to make the return for trial last Friday.