The High Court has rejected a claim by one of two men accused of shooting Dublin publican Charlie Chawke that his detention is unlawful.
Representing himself, Frank Ward (53), Knockmore Avenue, Tallaght, Dublin, argued in court yesterday his continued detention is unlawful. He argued a return for trial was invalid.
However, Mr Justice John Quirke rejected the claim of unlawful detention and refused an application by Mr Ward, brought under Article 40 of the Constitution, for his immediate release.
The judge said the authority for the detention of Mr Ward as provided by the governor of Portlaoise Prison was the lawful order of Circuit Court Judge Catherine Delahunt of April 22nd last and there was nothing to indicate it was defective.
Mr Ward indicated following the judge's decision that he may appeal to the Supreme Court.
Yesterday's application comes after Mr Ward and his co-accused, Larry Cummins (55), Summerhill Parade, Dublin, lost a High Court attempt last year to stop the Director of Public Prosecutions taking any further steps in prosecuting them on grounds of delays which meant they have been in custody without trial since October 2003.
Last June, Ms Justice Elizabeth Dunne held the delays involved in prosecuting the two were not so excessive as to breach their right to a speedy trial or to overbear the community's right to have the offence prosecuted.
Mr Ward and Mr Cummins are in custody on charges arising from the robbery of €52,000 from Mr Chawke in the car park of the Goat Grill, Goatstown, Dublin, on October 6th, 2003. They were arrested on the day of the shooting and have been in custody since.
