A solicitor acting for a man suspected by gardai of the murder of journalist Veronica Guerin claimed in court yesterday that his arrest within hours of the arrest of his client was "a circus and a charade".
Mr James Orange told the Special Criminal Court that he was arrested by detectives from the Criminal Assets Bureau shortly after Mr Patrick Eugene Holland was arrested after he arrived at Dun Laoghaire on April 9th last.
Mr Orange said: "I thought it was absolutely extraordinary that my client gets arrested and within hours I get arrested. I found it extraordinary that within minutes of his being released, I got released."
Mr Orange was giving evidence in a "trial within a trial" to decide on the legality of Mr Holland's detention at Lucan Garda station after his arrest. Garda Marion Cusack told the court earlier that she arrested Mr Holland because she believed he was the man who shot Veronica Guerin on the Naas Road on June 26th, 1996.
It was the third day of the trial of Mr Holland (58), a native of Dublin with an address at Brittas Bay, Co Wicklow, who has denied having cannabis for sale or supply on a date unknown between October 1st, 1995, and October 6th, 1996.
The court was told that as a result of the investigation into Ms Guerin's murder gardai uncovered a major drugs importation and distribution operation centred on a warehouse at an industrial estate in Dublin.
Detectives found 47 kg of cannabis at the warehouse, with an estimated street value of £470,000, and they believed the warehouse was used for the distribution of huge amounts of the drug.
Mr Orange, a Dublin solicitor, said he first met Mr Holland in London in December 1996 at a solicitor's office. The meeting concerned the proposed divorce between Mr Holland and his wife, Angela.
He told his counsel, Mr Brendan Grogan SC, that Mr Holland told him he was extremely worried about stories in a number of newspapers accusing him of the murder of Veronica Guerin. He said he felt any prospect of a fair trial was being jeopardised.
Mr Orange said he advised Mr Holland that he would help himself very considerably if he wished to take proceedings against the papers if he returned to Ireland to "face the music".
He said Mr Holland was concerned that any interviews between himself and the gardai would be recorded because he feared it would be alleged he made statements that he had not in fact made.
Mr Orange said he was aware of an interview recorded by RTE's Pat Kenny with Mr Holland. He said Mr Holland gave the interview because he wanted to express his fears in such a way that the people of Ireland knew he was anxious to return to face the accusations and that the matters should be recorded.
Mr Orange said he was not present when the interview with Pat Kenny took place.
He said he advised Mr Holland that the delay in returning to Ireland was not helping his case and that each day's delay was undermining his credibility. He advised him to return via Belfast to avoid newspaper interest. He told him he would meet him at the train and bring him to Lucan Garda station.
"Mr Holland was very much in fear. It was a matter of reassuring him that he would not be deprived of what I thought were his fair rights," he said.
He said he was in the shower on the morning of April 9th when gardai came to his house. They told his wife, Ms Elizabeth Ferris, who is also a solicitor, that they wished to speak to him.
They then told him he was under arrest, and he was taken to Pearse Street Garda station where he was interviewed in relays by detectives about the sale of a house owned by Mr Holland and his wife at Brittas Bay.
They asked him if he had seen any cash or bank drafts being passed between the vendor and the purchaser. Mr Orange said his only role had been to witness the signatures on the deed of transfer and the Family Protection Act declaration.
"At a very early stage I told them to stop the charade, that the whole purpose was to stop me being able to assist Mr Holland at the time of his arrest," he said.
Earlier, Det Garda Sean O'Brian denied a suggestion by Mr Grogan that during an interview with Mr Holland at Lucan he and Det Sgt Fergal Treanor knelt on the floor and said a Hail Mary.
He said he was not aware of the deaths of Mr Holland's mother and sister, and he denied the detectives were tugging at Mr Holland's trousers and saying, "come on Paddy, pray for your mother and sister".
Det Garda O'Brian said that at all times during the interview he and Sgt Treanor were seated at the table. He denied i they kept looking at files and telling Mr Holland they had all the evidence and knew what happened, and that no questions were put to him.
The trial continues today.