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News (Media Awareness Project) - Ireland: Gilligan cited for contempt at hearing
Title:Ireland: Gilligan cited for contempt at hearing
Published On:1997-10-24
Source:Irish Times
Fetched On:2008-09-07 20:56:37
Gilligan cited for contempt at hearing
By Rachel Donnelly

Extradition proceedings against Mr John Gilligan, including a charge of
murdering the journalist Veronica Guerin, were adjourned yesterday,
following Mr Gilligan's apparent refusal to recognise the authority of the
court.

Mr Gilligan is being sought in Ireland on a charge of murdering Ms Guerin;
having cannabis with intent to supply; having firearms with intent to
endanger life; and possession of ammunition.

Mr Nigel Peters QC, representing the Government, reminded Belmarsh
Magistrates' Court that 18 warrants had been issued by the Special Criminal
Court on August 29th and endorsed onSeptember 3rd.

Mr Peters said he intended to detail the "sufficient particularity" of the
charges on the extradition warrants in Irish law corresponding with British
law.

Taking each warrant in turn, Mr Peters said all the offences listed were
"contrary to common law" in Ireland and corresponded to the same offences
in British law. Pointing to the warrant for murder, Mr Peters said the
offence was of sufficient particularity to correspond with the same offence
in Britain and the court could therefore order Mr Gilligan's extradition.

The other charges, of unlawful importation of cannabis into Ireland and the
possession of cannabis, firearms and ammunition, Mr Peters argued, were
also of "sufficient particularity that the court can be satisfied there is
correspondence".

The extent of Mr Gilligan's alleged possession of firearms was listed and
included a Sten Mark II submachinegun, five semiautomatic pistols and
magazines.

Challenging Mr Peters's interpretation of Irish law, Mr Gilligan's counsel,
Mr James Lewis, said he did not believe the court could act on the simple
particular of Ms Guerin's murder because the court did not know the
elements of the corresponding offence in Irish law.

Mr Lewis asked Garda Det Insp Jeremiah O'Connell if he knew Mr Gilligan and
if he had ever met him. Mr O'Connell said he had met Mr Gilligan "on a
number of occasions while observing criminals in the late 1970s" and in the
late 1980s "in courts".

However, when Mr Lewis asked him if he was aware "the person in the dock
was at sea for 15 years?" Mr O'Connell replied: "No". Then, calling on
Garda Det Sgt Martin O'Neill of the extradition section, Mr Lewis asked him
if he knew Mr Gilligan.

Mr O'Neill said he had known Mr Gilligan since 1983 when, as a uniformed
officer at Blanchardstown in Co Dublin, he had "met Mr Gilligan, spoken to
Mr Gilligan. I know his wife and son. I have stopped Mr Gilligan in his
car. He would be well known to me." Mr Peters then called Mr Tom O'Connell,
a Dublin barrister, to the witness box. Mr O'Connell explained in detail
the offences under Irish law contained in the warrants against Mr Gilligan.
According to Irish law, he said, the penalty for murder and firearms
offences was a life sentence.

Raising his objection to the interpretation of Irish law and Mr O'Connell's
evidence, Mr Lewis asked for an adjournment to prepare his
crossexamination "because I had not been given formal notice of his
evidence".

Mr Peters, however, admonished Mr Lewis, saying: "It seems no research has
been done to allow the crossexamination of the witness. He should have
been prepared to deal with it."

Agreeing to adjourn until October 28th the magistrate, Mr David Cooper,
asked Mr Gilligan to stand before the court. During a somewhat tense scene
Mr Gilligan remained in his seat despite three requests to stand. Mr Cooper
then instructed Mr Lewis to ask his client what his problem was.

After consulting Mr Gilligan, Mr Lewis said: "I'm not sure if he recognises
this court", at which point the magistrate told Mr Gilligan he considered
his actions to be "in contempt of court and I'll deal with you at the end
of these proceedings".
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