The State is opposing a free legal aid application by a convicted drug-dealer whose financial and property assets are being investigated by the Criminal Assets Bureau, Judge Kieran O'Connor was told at Dublin Circuit Criminal Court.
Anthony Callaghan jnr, with addresses at Albert College Crescent, Glasnevin, and Synnott Place, Dublin, was jailed for five years by Judge O'Connor on January 23rd for having cocaine and cannabis resin for supply in October 1995.
His sentence was suspended from April 24th last, just one year after going into custody on these charges, to which he originally pleaded not guilty and then changed his plea to guilty on the day his trial was due to start.
Defence counsel Mr Michael O'Higgins recalled that Judge O'Connor commended counsel and his solicitor for agreeing to defend Callaghan when the State originally successfully opposed free legal aid. Callaghan had been in custody for some months at the time on the charges.
Mr O'Higgins said it was understood then that an application would be made retrospectively for legal aid because Callaghan instructed them he had no money, no bank accounts and owned no property. Prosecuting counsel Mr Hugo Hynes said the State strenuously opposed the granting of free legal aid to Callaghan .
Det Garda Michael Moran told Judge O'Connor the CAB was investigating Callaghan. The investigation was difficult as it involved bank accounts and property.
Judge O'Connor said he recalled the court being told Callaghan was "high up in the premiership" of drug-dealing in north Dublin.
However, he had taken the chance he was given by the court last April and had not come under Garda notice since then.
He was concerned at the length of time this matter was taking and would not adjourn the case at this time beyond December 18th.
Judge O'Connor agreed with an application by Mr O'Higgins that within reason the State should reveal the results of its investigations to the defence seven days before the next hearing so that instructions could be given by Callaghan.