The High Court has directed an inquiry into the legality of the detention of a man serving a 10-year prison sentence for the armed raid of a post office.
At the High Court yesterday, Mr Justice Gerard Hogan directed an inquiry into the continued detention at Cork Prison of Michael O’Callaghan.
O’Callaghan was found guilty of robbery and possession of a firearm by a jury at Cork Circuit Criminal Court in February 2011 and was jailed for 10 years. He has an appeal lodged with the Court of Criminal Appeal against his conviction.
O’Callaghan, Kilbarry Place, Farranree, Cork, sought an inquiry on the grounds that evidence used against him during his trial by the DPP was obtained with invalid search warrants.
O’Callaghan is seeking a release order from the High Court arising out a Supreme Court decision earlier this year striking down section 29 (1) of the Offences Against the State Act.
The Supreme Court found in the Damache case that the section was repugnant to the Constitution because it permitted a search of a person’s home on foot of a warrant not issued by an independent person.
O’Callaghan is claiming that the ruling striking down section 29 also applies to him.
Mr Justice Hogan said that while the Court of Criminal Appeal may be “the best vehicle” to deal with O’Callaghan’s contentions, given the points raised in regards to the validity of his detention, he was ordering that an inquiry take place.
He directed that the inquiry be returned before him tomorrow.