A retired American physician now living in Ireland won a High Court order yesterday quashing previous District Court convictions for firearms offences.
The proceedings were taken by Dr Gerald Stephens, Thornhill Manor, Hollymount, Co Mayo, against Judge Michael Connellan and the DPP. Two years ago, he was convicted on three summonses and fined £450 with £440 legal expenses at Ballinrobe District Court.
In an affidavit to the High Court, Dr Stephens said he and his wife were granted certificates for eight guns which they brought into this country through a gun dealer. On June 29th, 1997, garda∅ arrived at his home with a search warrant. He was arrested under Section 30 of the Offences Against the State Act and taken to Castlebar Garda station where he was fingerprinted, photographed, then released.
Dr Stephens referred to his unsuccessful attempts to obtain solicitors to represent him and said that on March 28th, 1999, he was before the District Court with no legal representation. On July 20th, 1999, he was convicted on three summonses.
In the High Court yesterday, Mr Justice McKechnie said he was satisfied that, through no fault of his own, Dr Stephens was disadvantaged when he did not have legal representation in the District Court.