The High Court yesterday refused an application by Patrick Holland for a copy of an internal Garda inquiry carried out after criticisms by the non-jury Special Criminal Court of the conduct of gardaí who investigated the murder of journalist Veronica Guerin.
The SCC made the criticisms during the trial of Paul Ward whose conviction for the murder of Ms Guerin was overturned by the Court of Criminal Appeal last year. Ward remains in jail serving a ten year sentence on charges arising from a riot in Mountjoy Prison.
Holland, who is serving a 12-year sentence for possession of cannabis, had sought a High Court order requiring the Information Commissioner to secure the release of a copy of an internal Garda inquiry into gardaí who were the subject of criticisms by the SCC during Ward's trial.
Rejecting that application, Mr Justice Smyth said Holland was sentenced by the SCC to 20 years imprisonment on drug charges in November 1997. The sentence was reduced to 12 years on appeal in June 1998.
Holland, who presented his application himself, informed the court he had only two more years to serve.
Mr Justice Smyth noted that, during the trial of Paul Ward, the presiding SCC judge criticised the conduct of several gardaí. Arising from that criticism, the Garda Commissioner ordered Assistant Commissioner Kevin Carthy to carry out an inquiry.
Mr Justice Smyth said Holland, in this application, said that the gardaí who were being investigated were the same gardaí who gave evidence at his trial.
Under the Freedom of Information Act Holland had applied to the Department of Justice for a copy of the Garda report on the basis that he believed the Department would have received such a report.
He was informed by a Department official that the report was handled by the Garda authorities and no copy went to the Department.
Holland then sought an internal review in March 2002 but senior officials upheld the earlier decision. Holland then applied to the Information Commissioner for a review of the Department's decision. The Information Commissioner stated that the Department's decision was justified.
Mr Justice Smyth found the Commissioner's decision was manifestly reasonable. He dismissed the application and ordered Holland to pay costs.
Holland said he had no money but intended to appeal and if necessary would bring the matter "to Europe".