A challenge by Patrick "Dutchy" Holland to the legality of his detention has been adjourned at the High Court after his lawyers indicated that certificates relating to his detention appeared to show his custody was lawful.
However, Martin Giblin SC, for Holland, said yesterday he required time to examine the documents in detail and to "look behind" them.
On that basis, and with the consent of counsel for the DPP, Mr Justice Henry Abbott adjourned the challenge by Holland, brought under Article 40 of the Constitution, to Monday next for mention.
Holland, who is serving a 12-year sentence on drug charges, was in court yesterday for the brief hearing but his lawyers indicated his attendance would not be required for Monday's hearing.
The basis of the challenge to the lawfulness of Holland's detention related to a claim that a certificate from the DPP sanctioning his trial before the non-jury Special Criminal Court was not in order.
Yesterday Mr Giblin said he had examined documents given to him by counsel for the DPP. On the face of it, the custody was certified as being lawful, counsel told the judge. However, there was a factual issue which might require him to "go behind" the certificate and he would like time to do that. In those circumstances, he wished to have the matter adjourned to Monday, when he hoped to know the factual background. Holland was convicted of possession of cannabis by the SCC in November 1997. The court imposed a 20-year sentence but that term was later reduced on appeal to 12 years.