THE second "live witness" who was expected to give evidence in the committal hearing of Mr John Gilligan will not now appear. Instead, a statement of his evidence will be read out at Belmarsh Magistrates Court, it was announced yesterday.
The committal hearing was adjourned last week in order to contact the witness in Ireland but, when the court resumed yesterday afternoon, Mr Nigel Peters QC, for the prosecution, announced the change in procedure.
Mr Peters told the stipendiary magistrate, Mr David Cooper, he was "unable" to call his live witness and that he required one more day before the court to submit the evidence of the second witness.
Mr Gilligan is facing charges under Section 49 1(a) and Section 50 (1) of the Drug Trafficking Act 1994. He was arrested at Heathrow airport on October 6th, 1996, when British Customs and Excise officers found £330,000 concealed in his suitcase.
Mr Gilligan's defence counsel, Ms Clare Montgomery, appealed to the court to set the earliest date possible for the final day of the committal hearing.
Ms Montgomery raised the point that Mr Gilligan had spent a considerable time on remand at Belmarsh Prison and said she was "very anxious he spends no longer in custody - than is absolutely necessary".
The committal hearing will resume on February 6th.