The Director of Public Prosecutions conceded at the High Court yesterday that District Judge Joseph Mangan exceeded his jurisidiction in directing that a man charged with possession of £10 worth of cannabis for sale and supply should attend an identity parade and pick out his supplier.
Mr Justice Kearns made an order quashing the decision of Judge Mangan and referred the case of Mr Declan O'Dea, Caheroyan Drive, Athenry, Co Galway, back to the District Judge.
Mr Martin Giblin SC, for Mr O'Dea, told Mr Justice Kearns his client had pleaded guilty at Athenry District Court on December 12th to two offences involving the possession of cannabis resin, valued at £10.
In an affidavit, Mr O'Dea said Det Garda Michael Staunton began giving evidence. Mr O'Dea said Judge Mangan became irritated and told the garda there was a plea in the case and to get to the point. The judge was told Mr O'Dea had no previous convictions.
It was alleged Judge Mangan had told Mr O'Dea's solicitor that he was adjourning the matter to the afternoon and ordering Mr O'Dea to make a written statement to the gardaí identifying the person who had supplied the goods or "otherwise face the consequences." Mr O'Dea said he made a statement naming the supplier.
When the case resumed, Det Garda Staunton had said that while Mr O'Dea did not know the precise address of the supplier, the gardaí were satisfied with the information they had received.
Judge Mangan said that, in the judge's opinion, Mr O'Dea had not gone far enough. He adjourned the hearing and directed that an identity parade be set up and that Mr O'Dea attend and pick out the supplier.
The District Judge had also said that, unless this was done and a State prosecution of the supplier ensued, he would convict Mr O'Dea of the charge of possession for sale and supply and would impose a lengthy prison sentence.
Mr O'Dea said the remarks of Judge Mangan exhibited bias and he believed the judge should not deal with his case any further.