Special Branch detectives were not entitled to billet themselves in a Dublin man's flat where they had found a pistol and ammunition, a defence counsel claimed at the Special Criminal Court yesterday.
Mr Michael O'Higgins SC, said detectives had violated Mr Colm Maguire's constitutional rights and had exceeded the power of a search warrant when they waited for two hours for his return after completing a search at his flat. The search warrant was executed and spent by the time Mr Maguire arrived back at the flat and was arrested.
He challenged the legality of the arrest last January.
Mr Maguire (27), of Fatima Mansions, Dublin, has pleaded not guilty to the unlawful possession of a semi-automatic pistol and 25 rounds of ammunition at his home on January 14th last.
Mr O'Higgins said he accepted that gardai forced an entry into Maguire's flat at 12.15 a.m. on January 14th after a search warrant was validly issued and that they found a pistol and 25 rounds of shotgun ammunition.
The defence also accepted the gardai remained in the flat with the lights turned down. He said at 3.30 a.m. Mr Maguire and others entered the flat and Mr Maguire was arrested. Mr O'Higgins said the defence was challenging legality of the arrest.
He said there was no legal basis for gardai to billet themselves in a citizen's home. Once the flat had been searched the warrant was spent.
Ms Mary Ellen Ring, prosecuting, said the search was still continuing when Mr Maguire entered the flat and the authority of the warrant was therefore still valid.
Det Sgt Martin Downes of the Special Detective Unit said he and a party of gardai forced an entry into Mr Maguire's flat. Det Garda Tim Meehan found a pistol and shotgun cartridges in the kitchen and they decided to wait in the flat for the return of the occupants. When Mr Maguire and a number of other people entered the flat at 3.30 a.m., he was arrested under the Offences Against the State Act.
The court will rule on the defence challenge to the legality of Maguire's arrest today.