The Special Criminal Court will rule on Tuesday if a Dublin man whom gardai suspect murdered journalist Veronica Guerin was lawfully detained after his arrest in April. The court heard submissions yesterday in a "trial within a trial" on the legality of Mr Patrick Eugene Holland's detention at Lucan Garda station after his arrest.
Garda Marion Cusack told the court earlier that she arrested Mr Holland on April 9th under Section 30 of the Offences Against the State Act because she believed he was the man who shot dead Veronica Guerin on the Naas Road on June 26th, 1996.
The court heard that Mr Holland was released from Section 30 detention at 12.06 a.m. on April 11th, and re-arrested under the Misuse of Drugs Act. The court also heard that Mr Holland's solicitor, Mr James Orange, was arrested by detectives from the Criminal Assets Bureau within hours of Mr Holland being arrested.
Mr Orange's wife, Ms Elizabeth Ferris, also a solicitor, saw Mr Holland once at Lucan Garda station after his arrest but was prevented from seeing him again. Another solicitor subsequently met Mr Holland. Mr Brendan Grogan SC, defending, submitted that Mr Orange's arrest and the prevention of Ms Ferris from seeing Mr Holland was a breach of Mr Holland's constitutional right to access to his solicitor.
It was the fourth day of the trial of Mr Holland (58), of Brittas Bay, Co Wicklow, who has denied possession of cannabis for the purposes of sale or supply within the State on a date between October 1st, 1995, and October 6th, 1996.
???i uncovered a major drugs importation and distribution operation centred on a warehouse at an industrial estate in Dublin.
Detectives found 47 kilos of cannabis at the warehouse in Harold's Cross with an estimated street value of 470,000 pounds and they believed the warehouse was used for the distribution of huge amounts of the drug.
Yesterday, Mr Grogan claimed the Garda action in arresting Mr Orange within hours of Mr Holland's arrest was a deliberate act to prevent him consulting with his solicitor. He also submitted that Mr Holland was entitled to have his interviews by gardai recorded on video.
Earlier, Mr Peter Charleton SC, for the prosecution, submitted that it was for the court to judge on the allegation that there was a conspiracy by gardai to infringe Mr Holland's constitutional rights by the arrest of Mr Orange. He said there was no evidence that any prejudice was suffered by Mr Holland as a result of him being allowed to see another solicitor.