Court told of searches of Gilligan's cell in Portlaoise

EVIDENCE OF the search of John Gilligan’s cell in Portlaoise Prison was given during a sitting of Portlaoise District Court yesterday…

EVIDENCE OF the search of John Gilligan’s cell in Portlaoise Prison was given during a sitting of Portlaoise District Court yesterday.

Several prison guards recalled the two searches which uncovered a mobile phone, a phone charger and other items at cell 17 on E landing on July 30th, 2008.

Gilligan (57), who is due for release in 2013, could serve an extra five years in prison if convicted of possessing a mobile phone in prison. He has opted to represent himself.

Prison officer Martin Dunne recalled hearing a conversation in Gilligan’s cell at about midnight on the night in question.

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“I heard a conversation going on inside. I couldn’t see in the spy hole [as] it was blocked and I reported that.” The following morning, assistant chief officer Tom Dunne was informed of the incident.

He organised a search under the 2007 Prisons Act.

A number of officers went to Gilligan’s cell. A mobile phone, a charger, syringe bar and charging adapter were uncovered during the initial search of the cell. The phone, which had been wrapped in cling film, was discovered in the rubbish bin along with the charger.

During a later search, 8½ blue tablets and a sim card were recovered from a locker in the cell. The tablets were later analysed and found to be legal. Two pairs of women’s underwear were also uncovered in Gilligan’s cell. The items were later disposed of.

During cross-examination, Gilligan accused a number of the officers of lying in their evidence. He also questioned one of the officer’s credibility, alleging the man was under Garda investigation for assaulting inmates.

He also claimed he had been denied access to a video player, which would be necessary to view his interview evidence taken during the investigation.

Judge Gerard Haughton told the prosecution the charge would be struck out if the allegation was proven. However, on viewing a request book from the prison and hearing evidence from governor Martin O’Neill, Judge Haughton said he was “satisfied that a request was not made”.

At the beginning of the hearing, Gilligan requested Judge Haughton to step down from the case. He accused the judge of “bias” and claimed there had been an “abuse of process” in relation to the handling of the case.

“I sent a letter to the president of the District Court to ask you to step down because you are biased,” he said. “I still object to you doing the case.”

Gilligan claimed an undertaking had been given by the prosecution in October 2009 to prevent additional evidence being served. “It is an abuse of my human rights and my constitutional rights,” he said.

After hearing evidence from a number of Portlaoise employees, Judge Haughton adjourned the matter until February 12th. The hearing will continue that day with evidence from mobile service providers, investigating gardaí and members of the Prison Service.