The Supreme Court has rejected a claim by one of two men accused of shooting Dublin publican Charlie Chawke that his detention is unlawful.
However, the court directed yesterday that Frank Ward is entitled to a full High Court hearing of his claims that the three-year delay in bringing him to trial and the refusal to free him on bail pending trial breaches provisions of the European Convention on Human Rights. Mr Ward has been in detention since October 6th, 2003, and a trial date has been fixed for October 12th, 2006.
Because those issues under the European Convention on Human Rights Act 2003 had not been heard or determined during the High Court hearing last month of a challenge by Mr Ward (53), Knockmore Avenue, Tallaght, to the legality of his detention, the Supreme Court said they should be decided at a full High Court hearing.
Ms Justice Susan Denham was giving the decision on Mr Ward's appeal against a High Court decision of May 8th which rejected his claim that he was in unlawful detention. Earlier this week Larry Cummins, Mellowes Road, Finglas, was convicted for his role in the shooting , to be sentenced later.