Move to quash order for drugs trial

Three men have applied to quash an order of the Minister for Foreign Affairs permitting them to be tried for attempting to import…

Three men have applied to quash an order of the Minister for Foreign Affairs permitting them to be tried for attempting to import £15 million worth of cannabis in November 1999.

The men were alleged to have been on a converted trawler in Irish waters when it was boarded on November 15th, 1999. It was found to contain drugs.

Mr Richard Preece (49), Widdenham, London; Mr Mathew Simpkins (32) and Mr Barry Court (52), both with addresses at La Linea, Cadiz, Spain, were charged with importing the drugs and arraigned at Cork Circuit Court last May 15th. They denied the charges.

At the High Court yesterday, Mr Tom Creed SC, for the three, O Caoimh that although three separate applications were being made by each of the men in the present judicial review challenge taken against the DPP and the Minister for Foreign Affairs, they were all the same in substance.

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Counsel Mr Creed said that, said that when the men were arraigned, the DPP had asked for an adjournment because of legal difficulties. Before the men - deemed to be aliens and on a foreign-registered ship - could be put on trial, a certificate was required from the Minister. Such a certificate was not in place when they were brought to trial on May 15th.

The case was adjourned until the next day but abandoned when a nolle prosequi was entered. The men were released but rearrested.

The three claim they were in unlawful custody from November 18th, 1999, until May 17th.

The case continues.