THE High Court yesterday granted Mr Patrick Eugene Holland permission to challenge a District Judge's refusal to send him for trial to the present sittings of the Dublin Circuit Criminal Court on drugs charges.
Mr Holland (58), with an address at Brittas Bay, Co Wicklow, was arrested by gardai at Dun Laoghaire, Co. Dublin, on April 9th last under Section 30 of the Offences Against the State Act 1939.
Mr James Orange, Mr Holland's solicitor, in an affidavit, told Mr Justice Kelly his client was brought to Lucan Garda station and detained for 48 hours. He was then released and rearrested on charges of possession and supply of cannabis between October 1995 and September 1996.
Mr Orange said that on April 18th he told District Judge Gillian Hussey at Kilmainham District Court that his client wished to be sent forward to the present sittings of the Dublin Circuit Criminal Court on a plea of not guilty.
The DPP's solicitor, said Mr Orange, requested a remand in custody for a month to allow the DPP to consider what other charges, if any, should be brought against Mr Holland.
Mr Orange said he objected, but Judge Hussey refused to accede to the application to send Mr Holland forward. He was remanded in custody.
Mr Orange said he was advised that the judge misdirected herself in law in acceding to the DDP's application and in failing to return Mr Holland forthwith to the present sittings of the Circuit Court.
Unless Mr Holland was returned forthwith, the proceedings would not come before the Circuit Court during the present sittings which end on May 15th.