Three of the seven people being questioned as part of the Garda investigation into last weekend’s robbery of more than €7 million from the Bank of Ireland have lost their High Court challenge to the legality of their detention.
The three, two men and a woman, were arrested last Friday night and brought proceedings under Article 40 of the Constitution arguing their detention was unlawful on grounds, at the time on Sunday night the District Court began to hear an application by gardai to extend that detention, their period of lawful detention had expired.
The State successfully argued the detentions were lawful and the extension of detention was within time. It contended the 48 hour detention period expired at 9.55pm on Sunday before which time all seven detainees were in the District Court for the hearing of the applications to extend time.
This afternoon Mr Justice Michael Peart ruled all three were lawfully detained. He added the applications raised important issues and that he would give detailed and written reasons for his decision at a later date.
Eanna Mulloy SC, for one of the men, said his client was arrested at 9.55pm on Friday February 27th and detained at the Bridewell Garda Station where he was questioned about alleged offences in relation to the 26 and 27th of February, including possession of a firearm.
Counsel said the maximum period of detention allowable under Section 30 of the Offences Against the State is 48 hours after which a person has to be either released, charged, or brought before the courts to seek an extension of their detention.
He said an application to extend the time of detention for all seven was heard on Sunday evening before District Court Judge Anne Watkin at the Bridewell District Court. That hearing commenced at 7pm.
The hearing in relation to one individual concluded at 9.12pm after which the judge asked if the applications relating to the remaining six could be heard together but their lawyers required each application to be heard separately.
Mr Mulloy said the application regarding his client began at 10.45pm and concluded at 11.07 pm when Judge Watkin made an order extending the period of detention by 24 hours. That was outside the lawful period, he contended.
Michael O’Higgins SC, representing a second man and a woman detained on Friday night at an apartment in Phibsboro as part of the same investigation and being held at Pearse Street Garda Station, also argued his clients' detention was unlawful because the 48 hour time limit had expired when their detention was extended.
Mr O’Higgins also argued unsworn evidence was given at Sunday’s hearing by the Garda.
Rejecting the claims, Ronan Kennedy, for the DPP, argued all were in lawful detention and it was “nonsensical” to claim otherwise.
Detective Superintendent Seamus Kane said the three were taken to a special sitting of the District Court on Sunday.
He said the hearing of the first of the applications commenced at 7pm and the last did not conclude until midnight.
The Superintendent said he was well aware of the time during the applications but lawyers for the prisoners wanted to have their applications heard separately.
In his opinion, the applications to extend time for six of the persons commenced at 9.17pm, when all were present in the District Court. That time was noted in the records by Judge Watkin and was within the permitted time limit.
All seven people remain in custody this evening.
