The Director of Public Prosecution's office was last night awaiting a written copy of yesterday's High Court judgment before reissuing warrants for men released in connection with a £3 million cannabis seizure.
The judgment by Mrs Justice McGuinness quashed orders releasing the five men made by District Judge William Early on November 18th and 20th. Three of the men are expected to co-operate with gardai. The other two have not been located since their release.
Welcoming the High Court decision, the Fine Gael justice spokesman, Mr Jim Higgins, said gardai should be given legal advice and representation in this kind of case.
Only three of the five men were represented at the judicial review heard by Mrs Justice McGuinness last Thursday and Friday. They were Mr Patrick Ralph (33), of Village Crescent, Celbridge, Co Kildare; Mr Christopher Burke (26), of Fettercairn, Tallaght; and Mr Maurice O'Riordan, of Pineview Road, Aylesbury, Tallaght. Gardai were unable to locate the other two men, Mr Eugene Kelly and Mr Michael Maguire.
The case arose from a Garda seizure of 300 kg of cannabis resin at a house in Tallaght on November 13th. The five men were arrested that day under the Criminal Justice (Drug Trafficking) Act and detained for six hours. Further detention periods were authorised by senior gardai.
On November 15th District Judge Desmond Windle issued warrants authorising a further 72hour detention. Mrs Justice McGuinness said it was clear from the relevant section of the Act that not all district judges had the power to issue such warrants. Only the President of the District Court and Judge Thelma King were nominated to issue such warrants in the Dublin Metropolitan area.
"It seems strange that a situation was permitted to arise where neither the gardai nor the district judges were kept informed of who was empowered to issue the warrants," she said.
Garda doubts about Judge Windle's situation arose on November 18th and the men were released, she said. The DPP then directed that all five be rearrested, charged and brought before a court in the normal way and the men were brought before Judge Early on November 18th.
It was submitted on behalf of the men that their rearrest was unlawful under Section 4 (1) of the Act and Judge Early discharged all five.
On November 19th Judge Thelma King issued warrants of arrest and Mr Ralph, Mr Burke and Mr O'Riordan were rearrested the following day.
Mrs Justice McGuinness said the three men were brought before Judge Early, who remanded two of them in custody. Counsel for Mr Ralph argued that his client's rearrest was unlawful. i under Section 4 (1) of the Act CJDTA which, it was argued, overrode the provisions of Section 4 (5) of the same Act. Counsel for the DPP argued that Section 4 (5) permitted the rearrest of the men for the purpose of being charged.
Judge Early accepted the arguments made by counsel for Mr Ralph and discharged him and later discharged the other two men on the same grounds. The DPP then initiated judicial review proceedings challenging Judge Early's decisions.
Mrs Justice McGuinness said there was nothing wrong in moving to rearrest the men provided they were immediately charged and brought before a court. Having surveyed the laws, she said Judge Early's interpretation of the 1996 Act was incorrect.
The State applied for costs but this was opposed by counsel for the three men. The judge said the State's handling of the case was "not as exact and accurate as might have been expected" and directed that the State pay half of the costs of the three men and granted a stay on that order in the event of an appeal.