A third legal challenge by Eamon Kelly to his conviction for possession of cocaine was dismissed by the Court of Criminal Appeal yesterday.
However, without deciding jurisdiction, the three-judge court indicated it would hear any further application on his behalf against the severity of his 14-year sentence later.
Kelly, of Furry Park, Killester, Dublin, was convicted by the Circuit Criminal Court in April 1993 of possessing the drug on September 3rd, 1992. His conviction was later set aside and a retrial ordered.
In May 1994 he was again convicted following a new trial in the Circuit Court and jailed for 14 years. An appeal against this second conviction was dismissed by the Court of Criminal Appeal in March 1996.
Last month Kelly argued before the Court of Criminal Appeal that his conviction and sentence should be quashed. He claimed there were newly discovered facts which showed he had been a victim of a miscarriage of justice.
He alleged the former head of the City of London CID and Fraud Squad, Commissioner Thomas Dickinson, had given information to the gardai after his arrest which would have been essential to his defence.
Mr Justice Fennelly, with Mr Justice Johnson and Mr Justice Smyth, said the court was satisfied Kelly had not shown there was any newly discovered fact capable of showing there had been a miscarriage of justice. The application was refused.