Extradition proceedings against Mr John Gilligan, including one charge for the murder of the journalist Ms Veronica Guerin, were adjourned at Belmarsh Magistrates' Court in London, yesterday, pending an appeal that will begin later this month.
In a day of extraordinary "complexities", which saw a team of gardai travel from Dublin to London to seek Mr Gilligan's extradition on 18 charges, a drug-trafficking case against Mr Gilligan was put on file. He was then released for a few moments, re-arrested and brought to Belmarsh Magistrates' Court where he was remanded in custody for a further two weeks.
After the drug-trafficking case was put on file and the extradition hearing began at 3.15 p.m, Mr Gilligan's defence counsel, Ms Clare Montgomery QC, immediately issued a warning to the court that she would be seeking an adjournment for an abuse of process. Pointing to a bundle of legal papers which she had just been served with, Ms Montgomery indicated that she would need time to read its 100 pages in order to consider the legal issues involved in Mr Gilligan's extradition. Ms Montgomery also indicated that she would be entitled to pursue an appeal in a higher court, for example the High Court or the House of Lords.
On September 3rd, a London magistrate, Mr David Cooper, accepted the 18 warrants contained in Mr Gilligan's extradition papers and the Crown Prosecution Service considered the charges to be serious enough to stand aside and allow extradition proceedings to begin. The warrants relate to one charge for the murder of Ms Guerin, five charges of importing cannabis into Ireland, six charges of possessing cannabis with intent to supply, three charges of possessing firearms with the intent to endanger life and three charges of possessing ammunition. However, referring to Section 2 of the Backing of Warrants Republic of Ireland Act 1965, Mr Nigel Peters QC, for the prosecution, insisted the court had the power to hand Mr Gilligan over to gardai "as soon as is practical", subject to certain conditions - for example, that the offences did not refer to military or political crimes.
Acknowledging that Mr Gilligan had indeed been arrested on the 18 warrants, the magistrate, Mr Howard Riddle, allowed the extradition proceedings to begin, calling on Det Jerry O'Connell to formally identify Mr Gilligan. Asked to identify the man in the dock, Det O'Connell looked towards Mr Gilligan and replied: "That's John Joseph Gilligan." In view of the extradition warrants against him, Mr Peters said British Customs and Excise had been prepared to stand by to allow Mr Gilligan "to be tried in the Republic of Ireland". In relation to the murder of Ms Guerin, Mr Peters continued, it had "received great mention" in the press in Ireland and late last year Mr Gilligan had admitted to the press that he was "a prime suspect for this case".
Remanding Mr Gilligan in custody until September 15th - although he will not be required to appear again, with his consent, until September 24th - Mr Riddle said he had come to the decision because he feared Mr Gilligan would abscond.
Earlier there were dramatic scenes as the drug-trafficking case against Mr Gilligan, which had been due to begin at Woolwich Crown Court yesterday, was put on file. He was released from custody at Belmarsh Prison, then immediately rearrested by Metropolitan Police officers and brought to Plumstead police station where he was served with the warrants for his extradition.
Civil proceedings for the recovery of £330,000 found in Mr Gilligan's possession at Heathrow Airport in October last year will continue, a Customs and Excise officer confirmed.
Informing the court that he "did not wish to offer no evidence, simply to adjourn" the drug-trafficking case, Mr Peters indicated that not offering evidence could affect the Irish case against him since five of the extradition warrants related to importing cannabis into Ireland. However, the suggestion was immediately rebutted by Ms Montgomery, who replied: "If he does not want to call evidence I am entitled to a declaration of not guilty."
Mr Justice Jeffery Rucker did not agree. Allowing the case to stand aside, he said he was "just persuaded" to adjourn the case and "keep an eye on this matter. It cannot go on forever."
As a result of yesterday's developments Mr Gilligan will remain in custody at Belmarsh prison in south-east London until September 15th, but he will not appear in court until September 24th when his defence counsel will argue that the length of time he has spent in custody in Britain constitutes an abuse of process.