WARRANTS INVALID AS MAN CLEARED OF DRUG DEALING

A CORK city man was cleared of drugs dealing charges at the Special
Criminal Court yesterday after the court ruled that search warrants
obtained by gardai from a peace commissioner were invalid.

James Stanton (53), of Kilkiernan Close, Knocknaheeney was discharged after
the prosecution offered no further evidence against him after the court's
ruling. The trial of two of Stanton's sons on drugs charges continued after
the ruling.

Kieran Stanton (20), of Kilkiernan Close, Knocknaheeney and Gerard Stanton
(29), of Foyle Avenue, Knocknaheeney have denied possession of cannabis
resin and having the drugs for sale or supply at Hollyhill, Cork on October
18, 19 and 21, 1995.

Mr Justice Morris said the defence had challenged three search warrants
issued by Mr Gerry Walsh, a peace commissioner, to gardai to search two
houses in Knocknaheeney.

He said the court was satisfied that peace commissioners had power to issue
search warrants in the area for which they were appointed by the Minister
for Justice.

He said the court had heard that Mr Walsh was appointed a peace
commissioner in 1988 but the court had no evidence of the area of his
jurisdiction or if the relevant premises were within his jurisdiction. The
judge said that the court therefore found that the warrants were invalid.

Stanton was cleared of possession of cannabis resin and having the drugs
for sale or supply at Hollyhill on October 18, 19 and 21, 1995.

He was also acquitted of handling a stolen mobile phone worth #900 pounds
between June 1 and October 21, 1995 and allowing his home to be used for
the sale, supply or production of cannabis resin on October 21, 1995.

The court was told that gardai mounted a surveillance operation on a soccer
pitch and houses in the Knocknaheeney area as part of an anti-drugs
operation.

Mr Patrick Mac Entee SC had argued that the search warrants issued were
invalid because they showed no jurisdiction on their face.

He said that a peace commissioner could only issue search warrants for the
area to which he was appointed by the Minister for Justice and this was not
specified on the warrants in question.