Three Englishmen charged with importing cannabis resin worth £13.8 million failed in the High Court yesterday to halt legal proceedings against them.
The men were alleged to have been aboard a converted trawler, the Posidonia, on November 15th, 1999, when it was boarded by the Naval Service and Customs.
They are Mr Richard George Preece (49), of Widdenham, London and Mr Barry Court (52), and Mr Mathew Paul Simpkins (32), with addresses in Cadiz, Spain. All three denied the charges. In proceedings brought by the men before the High Court last October, it was stated that the Director of Public Prosecutions had asked for an adjournment because of legal difficulties. The men contended that a certificate was required because they were English, under Section 11 of the 1959 Maritime Jurisdiction Act, from the Minister for Foreign Affairs authorising each of their prosecutions. However, the men argued, the Minister's certificates were not in place on May 15th last when they were brought to trial. The case was adjourned to the following day when the DPP entered a nolle prosequi against all three. The men were then re-arrested outside the court. The men sought High Court orders quashing the certificate given by the Minister for Foreign Affairs on May 16th, 2000, and preventing the DPP from taking any further steps against them.
Mr Justice O Caoimh said yesterday there was no basis on which the Minister's certificate should be quashed. He refused to put a stop to the legal proceedings.