OFFICE OF DPP SET TO REISSUE WARRANTS FOR 5 MEN

By Christine Newman and Catherine Cleary

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 cooperate 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. 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.