Privilege allowed on Garda operation

The Special Criminal Court has ruled that Garda fears of reprisals against the owner of a property used as a secret observation…

The Special Criminal Court has ruled that Garda fears of reprisals against the owner of a property used as a secret observation post in an anti-drugs operation in Cork were "well founded". The court was told yesterday that gardai mounted a surveillance operation on a soccer pitch and houses in Knocknaheeney as part of an antidrugs operation which targeted members of a Cork family.

The court ruled yesterday that Garda Declan O'Sullivan was entitled to claim privilege in refusing to identify the property used by gardai as an observation post and the owner of the property.

Mr Justice Morris said the Garda could not claim privilege on questions relating to distance, sight lines and related matters unless it was necessary to protect the owner of the property or the property itself. The court accepted Garda evidence that fears of reprisals against the owner of the property used by the gardai were well founded. He emphasised that the claim of privilege extended only to protecting the owner of the property and the property itself.

The ruling came on the third day of the trial of a man and two of his sons who have denied drugs dealing charges. Mr James Stanton (53), Mr Kieran Stanton (20), both of Kilkiernan Close, Knock naheeney, and Mr Gerard Stanton (29) of Foyle Avenue, Knockna heeney, have denied possession of cannabis resin and having the drugs for sale or supply at Holly hill, Cork, on October 18th, 19th and 21st, 1995. Mr James Stanton has also denied handling a stolen mobile phone worth £900 between June 1st and October 21st, 1995, and allowing his home to be used for the sale, supply or production of cannabis resin on October 21st, 1995.

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Garda O'Sullivan said a secret surveillance operation was set up to target members of the Stanton family believed to be involved in drugs-dealing.

The trial continues.