Judge tells gardai to swear documents

The President of the High Court has directed gardaí to swear legal documents providing more details about the issuing of a controversial warrant for the arrest of a Co Galway man who is now facing a murder charge.

Lawyers for Mr Alan Stephens claim the warrant was not obtained in open court and was improperly obtained by gardaí from a district judge.

The warrant was issued by now retired District Judge James O'Sullivan on July 21st 1999 and directed the arrest of Mr Alan Stephens on a charge of criminal damage to a glass window. Mr Gearoid Geraghty, solicitor for Mr Stephens, has claimed that a Garda inspector had asked the district judge for the warrant for the arrest of Mr Stephens, although Mr Stephens was not required to be in court.

Mr Geraghty has claimed Mr Stephens is presently detained, and was earlier this year extradited from the UK, on foot of this warrant. Yesterday, Mr Justice Finnegan said he needed more information about the circumstances in which the warrant was issued. He directed that additional affidavits be sworn by gardaí and others with knowledge of the matter. He said the affidavits should outline what is alleged to have occurred in the chambers of District Judge O'Sullivan on July 21st, 1999, and adjourned the case to October 25th.

Mr Stephens, of Hymany Park, Ballinasloe, Co Galway, was extradited from the UK last May. On June 6th, he was charged with causing criminal damage to a glass window on June 22nd, 1996, at Dunlo Street, Ballinalsloe, and was remanded in custody.

On June 20th, he was charged at Portumna District Court with the murder of Mr John Kennedy at the Amusement Arcade, Main Street, Ballinasloe on August 19th, 1997, and also with larceny. He remains in custody. Mr Stephens lost a High Court challenge, taken under Article 40 of the Constitution, to the legality of his detention on September 20th last but his lawyers brought a second challenge after receiving additional documents.

In an affidavit at yesterday's hearing, Mr Geraghty claimed the true purpose for Mr Stephens's extradition from the UK was not on foot of a criminal damage charge but was rather a device to facilitate a Garda investigation into the suspicious death of Mr Kennedy. Extradition for the purpose of investigation is not permitted by Irish law, he said.

Mr Geraghty said he had made several requests for a copy of the warrant, dated July 21st, 1999, for Mr Stephens's arrest. He only received the warrant after he took Article 40 proceedings.

He said a Certificate of Waiver of Speciality produced in court on June 20th last and which grounded the arrest and questioning of Mr Stephens, and his remand in custody, had been cancelled. Mr Geraghty said he only became aware of that cancellation on July 1st last.

Mr Geraghty said the Book of Evidence was served on Mr Stephens on October 2nd last. In a statement in the Book, Insp Paul Glynn had stated that Mr Stephens's case was listed before Ballinasloe District Court on July 21st, 1999. This was contrary to what Mr Stephens's side was led to believe in the first Article 40 inquiry.

Mr Geraghty said Mr Stephens's case was not listed before Ballinasloe District Court on July 21st, 1999.

Mr Geraghty said he himself was in court that day and the case was not called.

In those circumstances, where his client was not obliged to be in court and where the case was not called, there was a fundamental flaw in the issuing of a bench warrant that same day for the arrest of Mr Stephens. This was not just a technical flaw but a deliberate attempt by the gardaí to get a warrant for Mr Stephens's arrest in circumstances where they were not entitled to such a warrant.

In issuing a bench warrant in those circumstances, Judge O'Sullivan acted outside his jurisdiction, he said.

In another affidavit, Insp Glynn said he accepted that his statement as set out in the Book of Evidence in Mr Stephens's case was "erroneous".

At the time he made that statement, he believed it was accurate, the inspector said.