MINISTER KEPT IN DARK OVER DRUG ARRESTS FIASCO

THE case against five suspects in the £3m Tallaght cannabis haul was
unravelling for three days before Justice Minister John O'Donoghue was
officially told, it emerged last night.

When the minister came into the Dail to complain that he was being
victimised and vilified by the Opposition over the legal shambles, it
transpired that gardai developed doubts about the legality of the men's
detention on Monday, November 17.

Senior gardai told Secretary General of Justice Tim Dalton at 7pm the
following day but it was Wednesday, November 19 when the minister was
informed.

Through Monday and Tuesday as gardai were trying to regularise the whole
situation there was no point in giving the minister the ``latest
information from the front'', according to a source in the FF/PD coalition.
The procedure of rearrest and charge had been followed previously.

In his second Dail grilling over the mixup, the Justice Minister argued
that an initial mistake was no longer the core issue.

Gardai did not know that District Justice Desmond Windle was not on the
list of judges to authorise detention of the five after the first 48 hours
of Garda custody. Nor did the District Justice himself know.

The core issue now, according to the minister, was a ruling by District
Justice William Early that rearrest, custody and court appearance of the
five was unlawful.

Director of Public Prosecutions Eamon Barnes has initiated High Court
proceedings, starting today, seeking to have quashed the decision to free
the five.

The Justice Minister did not reply in the Dail to a question by Fine Gael
spokesman Jim Higgins on whether three of the five had left the country.

Mr O'Donoghue asserted last night that he was being honest with the Dail
about the legal shambles of the cannabis case.

But, he said, he deeply resented the suggestion that he had ``dumped'' on
District Justice Desmond Windle over the whole affair. ``Irrespective of
whether or not Judge Windle had been a nominated judge, the issue before
the High Court now related to the decisions of Judge Early,'' the minister
said.

Rounding on the Opposition for coming into the Dail on a vindictive mission
with ``histrionics'', the minister said this was grossly unfair as he was
doing everything to ensure the laws of the country were respected.

Fine Gael's Andrew Boylan asked if the great work of the gardai was
undermined by this shambles. The signal to criminals and wouldbe criminals
was that you could get away with serious crime.

``While you are Minister for Justice crime will pay,'' he charged.

The minister said he did not believe the gardai had been undermined by
these very serious matters.

He went on to say there was a series of decisions made by the judge which
were now being considered by the High Court. It would be wrong for him as
minister to predict, prejudge or prejudice the High Court. He would respect
whatever decision was handed down.

Jim Mitchell (FG) said the kernel of the problem seemed to be that the
President of the District Court had made the nominations, but had not
communicated them. Had the department or the gardai sought a list of
nominated judges?

The minister said the President of the District Court had written to the
judges who were nominated under the 1996 Act.

Judge Windle believed that he was one of the nominated judges. The other
problem related to Judge Early and an application being made to the court
by the State under the 1977 Act.

The difficulty really related to what the High Court says regarding these
matters under the 1977 and 1996 Acts.

Mr O'Donoghue said to the best of his knowledge there was no list provided
to the Department.

Pat Rabbitte (DL) said the minister had explained last Thursday's
lamentable Dail performance by saying the courts were seized of this matter.

``Can I ask you, what has changed, apart from the fact that three of the
accused have absconded.''

He wondered why the minister was prepared to come into the Dail in such a
state of unpreparedness without any officials or any knowledge of the
issue. ``Now there are so many officials that all that is missing from the
bull pen is a photographer.''

Mr Rabbitte asked did the minister understand the implications of last
week's performance, how the House could not have confidence in a minister
who allowed his officials to send him into the Dail in this naked state.

``We appear to have an administration of justice system by the department
rather than the minister.''

Mr O'Donoghue said he had come into the Dail to answer questions last week,
even though he did not have the full information available to him.

``I am very much in charge of the Department of Justice, Equality and Law
Reform, make no mistake about that,'' he said.

Fine Gael: ``Yes, that's what worries us.''

Pat Upton (Lab) ``Have you made any changes in administration since last
week?''

The minister said all procedures would be tightened up to avoid such an
incident happening again.

Regardless of nominations or no nominations, the position before the High
Court related to Judge Early. Whether or not Judge Windle ever heard the
cases, the decisions of Judge Early still had to be dealt with in the High
Court.