AN inquiry into the detention of Mr Patrick Eugene Holland was adjourned until today by Mr Justice Morris in the High Court yesterday to give the prison authorities time to reply to Mr Holland's claims.
Mr Holland (58), of Brittas Bay, Co Wicklow, was granted permission last week to seek a constitutional inquiry into the lawfulness of his detention.
He was arrested by gardai at Dun Laoghaire on April 9th under section 50 of the Offences Against the State Act. He was detained at Lucan Garda station for 48 hours, released and rearrested on charges of possession and supply of cannabis between October, 1995, and September, 1996.
On April 28th, the High Court allowed Mr Holland to seek a judicial review of a refusal by District Judge Gillian Hussey to send him forward for trial in the Dublin Circuit Criminal Court.
Mr Holland's solicitor, Mr James Orange, at that hearing said in an affidavit he told the District Judge at Kilmainham Court that his client wished to be sent forward for trial in the Circuit Court on a not-guilty plea.
Judge Hussey refused and Mr Orange claimed she misdirected herself in law by failing to do so.
At another High Court hearing last Friday, Mr Orange in an affidavit claimed his client was in unlawful custody. He said that on the previous day Mr Holland had again been brought before Kilmainham District Court and again remanded in custody. At that hearing, a State lawyer had requested the further remand claiming the District Judge no longer had jurisdiction as the matter was before the High Court.
Yesterday, Mr Paul Coffey, counsel for the prison governor, said the papers grounding Mr Holland's application had only been served on his client yesterday and he wanted time to put in a replying affidavit.
Mr Brendan Grogan SC, for Mr Holland, said he was informed the DPP also wished Mr Holland to be returned for trial in the Circuit Court. Mr Grogan did not know why they were before the High Court at all.
He had proposed the judicial review proceedings and the constitutional challenge be heard together and that Mr Holland be returned for trial forthwith.
Mr Justice Morris adjourned the constitutional claim until today.