Five men arrested after the seizure of £3 million worth of cannabis in Dublin last week were back in custody last night after earlier being released from custody by court order.
The men were immediately rearrested outside the Dublin District Court after Judge William Earley ordered their release. They had been charged with having cannabis with intent to supply.
Det Insp Brian Sutton, of the Garda National Drug Unit, told the court the DPP had advised gardai that "certain difficulties" had arisen about the men's detention and had instructed that the suspects be released from custody, then immediately rearrested and charged.
The court heard Judge Desmond Windle had extended their detention last Saturday following the defendants' arrest in Aylesbury, Tallaght, last Thursday evening. However, it had emerged that the president of the District Court, Judge Peter Smithwick, and Judge Thelma King are the only two judges in the Dublin area empowered to grant such extensions under the Drug Trafficking Act, which allows suspects to be held for up to seven days.
The five men were duly released, rearrested and then charged shortly before lunchtime outside Crumlin, Sundrive Road and Terenure Garda stations.
However, Mr Peter Mullan, solicitor, representing Mr Christopher Burke (26), of Fettercairn, Tallaght, successfully argued that suspects released from detention under Section 2 of the Drug Trafficking Act cannot be rearrested for the same offence without a court warrant.
The other defendants, Mr Maurice O'Riordan (22), of Pineview Road, Tallaght, Mr Michael Maguire (40), of Buckingham Street, Dublin, Mr Eugene Kelly (20), of Dorset Street, Dublin, and Mr Pat Ralph (33), of Village Crescent, Celbridge, Co Kildare, were all released after similar applications by their lawyers. However, the defendants were rearrested again outside the court "under the common law".
A sixth man, Mr Shane Mulvanney (22), described as the son of a doctor from Mary's Road, Ballsbridge, was granted independent bail of £1,000 to appear again next Tuesday. All the defendants are accused of possessing cannabis resin with intent to supply at Aylesbury, Tallaght, on November 13th.