Convicted drug dealer John Gilligan has launched a new Supreme Court appeal aimed at securing his early release from prison.
Lawyers representing Gilligan argued yesterday that mandatory consecutive prison sentences imposed on those who are convicted of an offence while already serving a prison sentence are unconstitutional.
Gilligans’s challenge arises from a number of prison sentences imposed on him since he was convicted by the non-jury Special Criminal Court in March 2001 of several counts of unlawfully importing and possessing cannabis resin.
In proceedings against Ireland, the Attorney General, the Minister for Justice and the Governor of Portlaoise Prison, Gilligan claims section 13 of the 1976 Criminal Justice Act, which requires any sentence imposed on a prisoner for an offence committed while serving a prison sentence must be served consecutively, is unconstitutional. The State respondents oppose Gilligan’s action.
Seeks release
Gilligan (61) is seeking various declarations, including that section 13 of the Act is unconstitutional and the consecutive prison terms imposed on him are void. He further claims he should be released from prison.
After Mr Justice Roderick Murphy dismissed Gilligan’s action last year, he appealed to the Supreme Court.
A five-judge Supreme Court was told yesterday, that if normal remission applied, Gilligan’s 20-year sentence for the various drug offences sentence expired in October 2011. Gilligan had in 2006 received a two-year sentence, which commenced on the date of the expiry of the drug sentence, for assaulting a prison officer.
Gilligan was twice convicted for having a mobile phone in prison. The first conviction was at Portlaoise District Court in 2011, when he received an eight-month sentence, and the second at the Special Criminal Court in 2012 when a six-month term was imposed.
His appeal against the eight-month prison term he received in 2011 has been stayed pending the outcome of his constitutional action.
Consecutive sentence
John Peart SC, for Gilligan, argued that, irrespective of the facts, a judge who finds a prisoner guilty of an offence had no option but to impose a mandatory consecutive sentence on that prisoner.
The State parties, represented by David Hardiman SC, argued the High Court’s finding that section 13 of the Act enjoys the presumption of constitutionality should be upheld.
It was within the constitutional competence of the Oireachtas to make provision for mandatory consecutive sentences in certain circumstances, counsel argued. Gilligan could not claim the sentences complained of were disproportionate or unduly severe.
The court, comprising Chief Justice Ms Justice Susan Denham, Mr Justice John Murray, Mr Justice Nial Fennelly, Mr Justice Frank Clarke and Mr Justice John Mac Menamin, reserved judgment to a later date.