The Director of Public Prosecutions yesterday secured permission from the High Court to apply for orders quashing decisions of District Judge William Early which resulted in the release of five men arrested in connection with a £3 million cannabis seizure.
The DPP was told to inform Judge Early, lawyers for the five men, and, if possible, the men themselves, that the matter would come before the High Court again on Monday.
Mrs Justice Catherine McGuinness was told that on November 13th gardai claimed they found 300 kg of cannabis at a house in Pineview Road, Aylesbury, Tallaght, Co Dublin, and that three men were arrested.
The three were: Mr Patrick Ralph (33), Village Cresent, Celbridge, Co Kildare; Mr Christopher Burke (26) of Fettercairn, Tallaght; and Mr Maurice O Riordain, Pineview Road.
Two other men, Mr Eugene Kelly and Mr Michael Maguire, were arrested in a motor vehicle in which, it was alleged, cannabis was found in the boot.
Ms Claire Loftus, a solicitor in the Chief State Solicitor's office, said in an affidavit that on November 15th an application was made by the Garda to District Judge Windle seeking to extend the men's detention for 72 hours. That detention was to start when the men had been held for 48 hours.
The Garda at the time believed that Judge Windle had been nominated by the President of the District Court to hear the application. It later appeared that only Judge Thelma King had been nominated.
Ms Loftus said the five men were released, and re-arrested to be charged with offences under the Misuse of Drugs Act. They were brought before Judge Early, who ruled the re-arrest was unlawful and that therefore the charges against them, their subsequent custody and appearance in court were also unlawful.
Judge Early indicated the only re-arrest possible was if the Garda could show it had new information. The men were released, and two of them, Mr Eugene Kelly and Mr Michael Maguire, were re-arrested. They were brought to the Bridewell Garda station to be recharged.
Ms Loftus said she was informed the garda in charge was "not happy at that stage to process them in the light of what occurred and they were released".
Last Tuesday gardai travelled to Judge Early's home in Carlow with a view to swearing informations for arrest warrants for the five men. He refused to issue them.
On Wednesday, Ms Loftus said, she appeared before Judge Thelma King, who issued warrants for the arrest of the five men. Later Mr Christopher Burke, Mr Pat Ralph and Mr Maurice O Riordain were arrested.
All three appeared before Judge Kirby. Mr O Riordain and Mr Burke were remanded in custody for a week with consent to bail. Mr Ralph was separately represented and the same argument was made in relation to his arrest as had been made at Tuesday's hearing. Mr Ralph, and later the other two men, were released.
Mr Feichin McDonagh, counsel for the DPP, said the DPP was seeking to quash the orders made by Judge Early, claiming the District Judge had erred in law when he construed the relevant legislation. In the DPP's view the orders made by Judge Early were unwarranted by any interpretation of the legislation.
Mrs Justice McGuinness accepted that the DPP had made a sufficient case to be granted permission to seek a judicial review. Mr McDonagh said it might not be possible to serve all the men. Three had been re-arrested but there was no knowing the whereabouts of the other two. Unfortunately, when they were released, their passports were returned to them.