Three Englishmen charged with importing £15 million worth of cannabis resin were back in custody last night after they were rearrested by gardai and charged with fresh offences.
This followed a decision by the State to drop the original charges against them at Cork Circuit Criminal Court.
Mr George Preece (49), Mr Barry Court (52) and Mr Matthew Simpkins (32) were charged yesterday afternoon at Clonakilty District Court with importing cannabis resin and with possessing cannabis resin for sale or supply within the State's territorial waters in November 1999.
They had earlier been released from custody by Judge A.G. Murphy at Cork Circuit Criminal Court when the State entered a nolle prosequi in respect of four charges against them. Judge Murphy refused defence applications to put the case in charge of the jury and to put a permanent stay on the indictment against the three men following an hour of legal argument in the jury's absence.
On Monday Mr John Edwards SC, for the State, conceded that it had failed to obtain a certificate from the Minister for Fo reign Affairs to allow it to prose cute the three. Under Section 11.1 of the Maritime Jurisdiction Act 1959 a certificate from the Minister of Foreign Affairs is required for any prosecution by the State of non-nationals for offences in Irish territorial waters.
Mr Edwards sought an overnight adjournment until yesterday morning to allow the State to consider its position. He indicated when the case was called that the State intended entering a nolle prosequi against all three defendants with a view to charging them again at a later stage.
Mr Ciaran O'Loughlin SC, defending, argued that the State could not enter a nolle prosequi at that late stage except before the jury when the three had been arraigned and a jury empanelled. He argued that for the State to enter a nolle prosequi and bring new charges after obtaining an overnight adjournment to consider its position amounted to an abuse of process.
Mr Pat McCarthy SC, defending, said an overnight adjournment effectively allowed the State to "mend its hand" in the case. The men's position had been seriously prejudiced by the State now seeking to enter a nolle prosequi.
Mr Edwards said the law upon which the defence were basing their arguments about a nolle prosequi having to be entered before a jury was directive rather than mandatory.
Judge Murphy ordered the three men to be released before discharging the jury. They were rearrested and taken to Clonakilty District Court, where Judge James O'Connor remanded them in custody to appear at Bandon District Court on Friday.