Gilligan requests change of judge

CONVICTED CRIMINAL John Gilligan (57) has requested a change of judge after alleging prejudice at a sitting of Portlaoise District Court yesterday.

It was a further preliminary hearing in the case in which he is defending himself in court against a charge of possessing a mobile phone and sim card at his cell in Portlaoise on July 30th, 2008.

Gilligan is due for release from prison in 2013 after being convicted of drug trafficking at the Special Criminal Court in 2001. If convicted, he could face a separate prison sentence of up to five years.

Yesterday, addressing Judge Gerard Haughton, he said: “I would like you to stand down from this case because I think you are prejudiced against me.”

He made the accusation against the judge after the Prison Services declined to comply with an earlier court order related to the disclosure of disciplinary records of two prison officers involved in the case.

During a previous hearing, Judge Haughton had ordered the disciplinary reports of the two prison officers, as requested by Gilligan. Both men are due to give evidence at his trial on the mobile phone charge.

However State solicitor Donal Dunne questioned “whether the original order should have been made”. He said security issues at the prison had to be taken into account when information was requested. The prison authorities were concerned that such an order granted in the District Court for a “minor offence” could have “serious security implications for prison officers and their families”, he said. It could also lead to prison officers being targeted by inmates, said Mr Dunne, who added that Gilligan could cross-examine the witnesses during the trial. The governor of Portlaoise Prison was in court.

Counsel for the Prison Service William Fennelly said: “The governor is upset that this might be used to present other matters that aren’t germane.”

Gilligan said he was entitled to the information. He also alleged deals had been made with inmates to prevent prison officers from being prosecuted over disciplinary matters. Judge Haughton said he would refuse to accept unsubstantiated allegations but would seek records of “established breaches” of conduct from the Prison Service in relation to the officers.

Stating that “the goalposts are getting changed”, Gilligan said: “I don’t believe the prison officers have previous convictions.” Gilligan insisted one of the men was suspended due to an incident at the prison, an allegation denied by the Prison Service.

Asked by Gilligan to cease handling the case, Judge Haughton declined. Gilligan refused to consent to an extended remand period and was remanded in custody to Portlaoise Prison to appear again on January 14th.