PERMISSION for an inquiry into the detention of Mr Patrick Eugene Holland was given by Mr Justice Flood in the High Court yesterday. He made the order returnable to the High Court on Tuesday.
Mr Holland (58), with an address at Brittas Bay, Co Wicklow, was arrested by gardai at Dun Laoghaire on April 9th last under Section 50 of the Offences Against the State Act.
Mr James Orange, solicitor, for Mr Holland, said in an affidavit that his client was taken to Lucan Garda station, where he was detained. He was released at midnight on April 10th and immediately rearrested and charged with having in his possession cannabis resin, for the purpose of selling to another, between October 1st, 1995, and October 6th, 1996.
Mr Holland appeared at Kilmainham District Court on April 11th and was remanded in custody for a week. On April 18th, Mr Orange said he had informed the DPP that the matter was one which should properly be considered by the Circuit Criminal Court. Mr Holland was again remanded in custody.
Mr Orange said that the High Court had granted leave for judicial review of Mr Holland's case on April 28th last. When the case came before Kilmainham District Court yesterday, Mr Holland was again remanded in custody. The State requested the further remand, stating that, in view of the April 28th order, the District Court no longer had jurisdiction and the return date for the High Court proceedings was June 9th.
Mr Orange said he believed there was no lawful basis for the remands.