REARREST OF DRUG CHARGE MEN ALLOWED

A HIGH COURT decision yesterday has paved the way for the rearrest of five
men for the purpose of being charged with offences connected with the
seizure of cannabis worth £3 million in Tallaght.

However, gardai have been unable to locate two of the men since all five
were discharged by order of a District Judge last month. In a reserved
judgment delivered yesterday, Mrs Justice McGuinness quashed the orders
made by District Judge William Early on November 18 and 20 last discharging
the men from custody.

She said it was unnecessary to grant a further order compelling Judge Early
to charge the men or permit their charging and believed the men could now
be charged and processed before the courts in the normal way.

Only three of the five men were represented at the judicial review hearing
of the DPP's challenge to the orders of Judge Early heard by Mrs Justice
McGuinness last Thursday and Friday. They were Mr Patrick Ralph (33),
Village Crescent, Celbridge, Co Kildare; Mr Christopher Burke (26), of
Fettercairn, Tallaght, and Mr Maurice O'Riordan, Pineview Road, Aylesbury,
Tallaght. Gardai were unable to locate the other two men, Mr Eugene Kelly
and Mr Michael Maguire.

Judge Early was not represented in the proceedings but counsel filed
statements of opposition on behalf of Mr Ralph, Mr Burke and Mr O'Riordan.

The case arose from a Garda seizure of 300 kgs of cannabis resin at a house
in Tallaght on November 13 last.

The five men were arrested on that date under the Criminal Justice (Drug
Trafficking) Act (CJDTA) and detained for six hours. Further detention
periods were authorised.

On November 15, District Judge Desmond Windle issued warrants authorising a
further 72 hours of detention.

Mrs Justice McGuinness said it was clear from the relevant section of the
CJDTA 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.

She said: "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 18
and the men were released. 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 18.

It was submitted on behalf of the men that their rearrest was unlawful
under Section 4 (1) of the CJDTA and Judge Early discharged all five. On
November 19, Judge Thelma King issued warrants of arrest and Mr Ralph, Mr
Burke and Mr O'Riordan were rearrested the following day. Gardai could not
locate the other two men.

Mrs Justice McGuinness said the three men were brought before Judge Early,
who remanded two of them in custody. It was submitted for Mr Ralph that his
rearrest was unlawful under Section 4 (1) of the CJDTA which, it was
argued, overrode the provisions of Section 4 (5) of that same Act. It was
submitted for the DPP that Section 4(5) permitted the rearrest of the men
for the purpose of being charged and brought before a court.

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.