A legal challenge to the arrest of a man who was re-charged with the murder of a cocaine dealer almost four years ago failed yesterday.
Brian Rattigan (25), Cooley Road, Drimnagh, Dublin, was charged with murdering Declan Gavin (20), who was stabbed near a bus stop on the Crumlin Road, Dublin, on August 25th, 2001.
Dublin District Court heard yesterday that Mr Rattigan was brought from Portlaoise to Dublin where he was formally charged.
Det Sgt Joe O'Hara said that, in reply to the charge, the defendant said: "I am innocent. I did nothing wrong. F*** the dead rat, that will do lovely."
Mr Rattigan was first charged with the murder in September 2003, but the case was later struck out because the book of evidence was not ready.
The court heard yesterday the book was ready, and it was served on him.
But Darragh Robinson, solicitor for the accused, argued that he should be released because there was no power to bring his client from Portlaoise to Dublin for the purpose of charging him.
If there was a valid warrant for his arrest, it should have been executed in Portlaoise, not Dublin, he said.
The case was adjourned until the afternoon to allow the State to check the position in relation to the transfer. After lunch, Ray Briscoe, for the chief prosecution solicitor's office, provided the court with a copy of a document that authorised the transfer.
Mr Robinson said that document appeared not to have been in existence when Mr Rattigan appeared in the morning. "My position remains the same, that he was brought without lawful authority," Mr Robinson said. His constitutional right to due process had been denied.
Mr Briscoe said that, while the document was not physically in court in the morning, the situation had been remedied by the afternoon. The State was also prepared to argue case law on the issue of the accused man's constitutional rights if the court found against it on the issue of the document.
Judge Miriam Malone said she was satisfied he was lawfully before the court and sent him for trial in custody to the Central Criminal Court.