A FIRM of Dublin solicitors has been given leave by the High Court to seek an order quashing a District Court decision to grant gardai a warrant to search its offices. The warrant related to Mr John Gilligan.
The application was made on behalf of Mr Anthony T. Hanahoe, Mr Michael E. Hanahoe and Mr Terence J Hanahoe, practising as Michael E. Hanahoe & Co.
The proceedings are against Judge Gillian Hussey, the Garda Commissioner, Ireland and the Attorney General.
Yesterday Mr Justice Kelly gave permission to the solicitors to seek to quash, by way of judicial review, a decision of October 3rd last granting gardai a search warrant under Section 64 of the 1994 Criminal Justice Act, in respect of the company's offices at Sunlight Chambers, Parliament Street, Dublin.
Mr Adrian Hardiman SC, for the solicitors, said the warrant was granted following a hearing of an application on October 3rd by a member of the Garda Siochana for a warrant under Section 64.
Under the application the judge had to be satisfied that there were reasonable grounds for suspecting that Mr John Gilligan, with addresses at Mucklon, Enfield, Co Meath, and Corduff Avenue, Blanchardstown, Co Dublin, had committed an offence under the Criminal Justice Act and benefited from drug trafficking.
It was submitted that Section 64 provided that a District Court judge may issue a warrant authorising the search of premises where certain preconditions were fulfilled.
These conditions included that parts of Section 63 were fulfilled in relation to any material on the premises and that the investigation for which the application was made might be seriously prejudiced unless a member of the Garda could secure immediate access to the material. It is claimed by the firm of solicitors that the warrant issued was bad in law.
The applicants said there were no reasons whatever to suspect or suppose that they would not have immediately complied in the time specified with an order to produce material if made under Section 63.
In an affidavit, Mr Michael Hanahoe said that on October 3rd he was told by a receptionist that two detective gardai had arrived. They said they had a warrant to search the premises. He expressed surprise and told them there would be no difficulty in them seeing any documentation which was covered by the warrants.
They said they had obtained the warrants for Mr Hanahoe's own protection in case of allegations of breach of confidentiality. There were other gardai on the premises.
Mr Hanahoe added that he read the warrants and asked another solicitor, Ms Patricia Drumgoole, who had dealt with conveyancing on behalf of the persons named in the warrants, to bring the relevant files to his office.
That solicitor brought four files. She said four other files were in the basement but could be retrieved straight away.
The gardai said they wished to see all files relating to property transactions on behalf of the two people named in the warrants, namely Mr and Mrs Gilligan. The gardai explained they were not interested in privileged documentation but merely in the conveyancing files.
The gardai were given the files. Three sets of title deeds were also produced. It was explained that deeds of two other transactions were in the Land Registry awaiting registration.
In an affidavit, Ms Drumgoole said that, with two exceptions, all the transactions related to sites at Mucklon, Enfield, Co Kildare, which had been variously registered in the name of either Ms Geraldine Gilligan, or Mr John Gilligan and Ms Geraldine Gilligan jointly. One transaction was completed in 1987 and the others between 1994 and 1996.
Of the two exceptions, one property was bought in Lucan in the name of John Gilligan and his daughter. The property was purchased for £74,500. The other exception was property in Timahoe East, Co Kildare, the purchase of which had not yet been completed. The total value of the Gilligan conveyancing transactions was £229,500.
In his affidavit, Mr Hanahoe said he believed the files removed by gardai related in all but one case to the purchase of sites. The exception was a house in Lucan, which was bought in 1994 for £74,500. The total consideration involved in all the transactions was £249,500.
Mr Hanahoe also said that shortly after gardai arrived at the firm's premises he was told that a number of press photographers had gathered outside the office. He was angry about this. The detectives denied they had anything, to do with the photographers presence.