THE HIGH Court has ordered an inquiry into the legality of the detention of a man jailed for four years on a charge of possession of a substance removed from the list of controlled substances.
The case is that of Alan Browne, who is in detention at Shelton Abbey open prison in Co Wicklow. He was jailed for four years after admitting having cocaine and ephedrine for sale and supply.
The sentence was imposed on Mr Browne (30), of Donomore Park, Tallaght, by Judge Yvonne Murphy after he pleaded guilty to having €48,760 worth of cocaine and €18,375 worth of ephedrine for sale or supply at his home on January 28th, 2011.
The Director of Public Prosecutions accepts Mr Browne should not have been convicted nor charged in respect of ephedrine on the single indictment, and has initiated separate High Court proceedings aimed at having Mr Browne’s conviction and sentence quashed.
Barrister Keith Spencer, for Mr Browne, said it was likely the DPP’s proceedings will not be opposed. The DPP’s action was not due before the High Court until July. His client was being detained on foot of “a bad order” and should be released, he said.
The inquiry into the lawfulness of Mr Browne’s detention, under article 40.4.2 of the Constitution, was ordered by Mr Justice Michael White, who made the matter returnable to today.
The DPP said ephedrine was not a controlled drug under the Misuse of Drugs Act since late 2009/early 2010. Should the conviction be quashed, the DPP says it intends to recommence its prosecution of Mr Browne in respect of the alleged possession of cocaine.
Mr Spencer said his client’s conviction was for an offence on one indictment. It was not possible to sever the good order from the bad order, he submitted, and his client should be released.
The DPP is seeking orders to have Mr Browne remitted back for trial before Dublin Circuit Court on the cocaine charge only.