STATE OPPOSES FREE LEGAL AID APPLICATION

The State is opposing a free legal aid application by a convicted
drug-dealer whose financial and property assets are being investigated by
the Criminal Assets Bureau, Judge Kieran O'Connor was told at Dublin Circuit
Criminal Court.

Anthony Callaghan jnr, with addresses at Albert College Crescent, Glasnevin,
and Synnott Place, Dublin, was jailed for five years by Judge O'Connor on
January 23rd for having cocaine and cannabis resin for supply in October
1995.

His sentence was suspended from April 24th last, just one year after going
into custody on these charges, to which he originally pleaded not guilty and
then changed his plea to guilty on the day his trial was due to start.

Defence counsel Mr Michael O'Higgins recalled that Judge O'Connor commended
counsel and his solicitor for agreeing to defend Callaghan when the State
originally successfully opposed free legal aid. Callaghan had been in
custody for some months at the time on the charges.

Mr O'Higgins said it was understood then that an application would be made
retrospectively for legal aid because Callaghan instructed them he had no
money, no bank accounts and owned no property. Prosecuting counsel Mr Hugo
Hynes said the State strenuously opposed the granting of free legal aid to
Callaghan.i needed further time to investigate his financial background. Det
Garda Michael Moran told Judge O'Connor the CAB was investigating Callaghan.
The investigation was difficult as it involved bank accounts and property.
Judge O'Connor said he recalled the court being told Callaghan was "high up
in the premiership" of drug-dealing in north Dublin.

However, he had taken the chance he was given by the court last April and
had not come under Garda notice since then.

He was concerned at the length of time this matter was taking and would not
adjourn the case at this time beyond December 18th.

Judge O'Connor agreed with an application by Mr O'Higgins that within reason
the State should reveal the results of its investigations to the defence
seven days before the next hearing so that instructions could be given by
Callaghan.