A defence lawyer for one of three men accused of murdering Co Sligo community activist Mr Terry Madden yesterday challenged a court order made last year extending the detention of his client. Mr Barry White SC said District Justice Oliver McGuinness was wrong to authorise the further detention of Mr Michael Doohan on February 15th last year.
The court heard from Supt John Fitzgerald that Mr Doohan was arrested under Section 30 of the Offences Against the State Act and detained at Manorhamilton Garda station for 48 hours in February last year on suspicion of having information relating to possession of firearms at Monasteraden on January 28th. Supt Fitzgerald said on February 15th he applied to District Justice McGuinness for a further 24-hour period of detention under Section 10 of the Offences Against the State (Amendment) Act of 1998. This Act allows gardai to detain suspects for 24 hours on top of the initial 48 hours on the order of a District Judge.
District Justice McGuinness issued the order and Mr Doohan made a statement about his involvement in the killing.
But Mr White submitted yesterday that the warrant signed by the District Judge referred to an offence which does not exist under the Offences Against the State Act. Mr White said the power given to district judges to extend the detention of suspects for 24 hours was limited to persons suspected of having committed offences under the 1939 Act and there was no offence of possession of information. Mr White submitted that any statements by Mr Doohan during that period should not be admitted.
The court will give its ruling on the application next Tuesday.