Gilligan loses court appeal against drug convictions

John Gilligan has failed in his appeal against his conviction on drug charges.

The Court of Criminal Appeal this morning said it affirmed Gilligan's convictions for possession of cannabis resin and having the drug for sale or supply..

Gilligan (51), who did not attend the court for today's decision, was jailed by the non-jury Special Criminal Court in 2001 and is currently serving a 28 year sentence.

However he was acquitted of the murder of journalist Veronica Guerin on June 26th, 1996, and also cleared of firearms charges.

During last month's seven-day appeal Gilligan's lawyers repeatedly criticised the findings of the Special Criminal Court saying the case relied solely on the testimony of protected witnesses Charles Bowden, Russell Warren and John Dunne.

They claimed the evidence from these men was obtained illegally and the witness protection programme offered the men was flawed.

However, in his ruling today Justice McCracken said there was still enough circumstantial evidence against Gilligan to uphold the convictions.

He said: "To say that their evidence was bought, or that they were bribed into giving evidence, this courts feels is not borne out by the general evidence in the case."

However, he was critical of the programme arranged for the men, saying it was "badly thought out and almost developed a life of its own".

In the case of Bowden and Warren, he said: "There are certainly some very disturbing factors in the way in which the authorities sought to obtain the evidence of these two witnesses."

"It would appear that each time they were asked to give evidence or make statements in relation to any of these prosecutions , their demands increased," he said.

Justice McCracken both given immunity against prosecution for murder of Veronica Guerin when there was no such immunity.

He said they were also repaid substantial amounts of money which had been seized by the gardai and which were almost certainly the proceeds of crime.

Gilligan will return to the Court of Criminal Appeal on October 7th when his case is up for mention again. Gilligan's defence team may then seek leave to appeal today's decision to the Supreme Court.

The court may also set a date for an appeal against the severity of Gilligan's 28-year sentence.