An attempt by Patrick Eugene "Dutchy" Holland to challenge on constitutional grounds the procedures which led to his conviction on drug charges was rejected by the Supreme Court yesterday. Holland (58), with an address at Brittas Bay, Co Wicklow, was sentenced to 20 years for possession of cannabis for the purpose of sale or supply on dates unknown between October 1st, 1995 and October 6th, 1996. The sentence was imposed by the Special Criminal Court in November 1997.
In June 1998, the Court of Criminal Appeal reduced the sentence to 12 years, to date from the time of his arrest. It turned down an appeal against conviction.
Later last year, Holland made an unsuccessful application to the High Court for leave to seek judicial review on constitutional grounds, challenging the decision of the Court of Criminal Appeal upholding his conviction. He appealed the High Court's refusal to the Supreme Court. Among the issues raised by Holland were the failure - despite assurances which he says were given to him - to record interviews he gave to gardai.
Having heard submissions yesterday from Holland the Chief Justice, Mr Justice Hamilton, said the Supreme Court was satisfied the applicant had not established sufficient grounds which would entitle him to proceed by way of judicial review.