Patrick "Dutchy" Holland has brought a High Court application aimed at securing private consultations in prison with his preferred legal adviser, Giovannia Di Stefano.
Holland (66), from Dublin, was convicted of possession of cannabis by the non-jury Special Criminal Court in November 1997. The court imposed a 20-year sentence, which was later reduced on appeal to 12 years.
Holland claimed in court yesterday that the prison authorities were blocking consultations with Mr Stefano.
Asking for an adjournment of the matter, Alva O'Neill, for the State, said they were questioning whether Mr Stefano was actually qualified to act as Mr Holland's legal adviser and be recognised by the prison authorities. The Law Society had stated in written correspondence with Mr Stefano that he was not registered as required.
Mr Stefano said the issue had already been decided in a European Commission directive and the answer was that he was qualified. The issue had also been decided in the High Court and one would have thought that would be the end of it, he said.
Mr Holland said he was due out of prison on April 6th. Mr Stefano was representing him in applications before the Court of Criminal Appeal grounded on arguments that his conviction was a miscarriage of justice.
Mr Justice Iarfhlaith O'Neill said the issue was whether or not Mr Stefano was a person entitled to represent Mr Holland.
Because the application was on the court list for the first time, he said he would adjourn it for three weeks to enable the State to formulate its attitude.