Pubdate: Tue, 21 Dec 1999
Source: Examiner, The (Ireland)
Copyright: Examiner Publications Ltd, 1999
Contact:  http://www.examiner.ie/
Author: Aidan Hennigan, London Correspondent

DRUG CHARGES IN BRITAIN AGAINST GILLIGAN DROPPED

Charges alleging drugs offences in England brought against Dubliner John
Joseph Gilligan, 47, were dropped at Woolwich Crown Court yesterday after a
three minute hearing.

Gilligan, who still faces extradition to Ireland to face charges of
murdering Veronica Guerin, the possession and control and drugs and
ammunition and other drug offences will recover some personal costs involved
in his defence of the British charges, for which he was returned for trial.

He was arrested at Heathrow Airport over three years ago in possession of
pounds 330,000 in used notes and held at Belmarsh Top Security Prison
pending this trial, but this was technically adjourned when the Irish
authorities sought his return.

While the Irish case was being processed and various legal challenges were
made by Gilligan's lawyers against extradition, custody limits were
continually extended in relation to the English trial.

These custody limits were also challenged by Gilligan's lawyers until
finally Judge James Rucker presiding at Woolwich Crown Court virtually
ordered the prosecution to either drop the case or proceed with it and set a
deadline for yesterday.

As it was the hearing yesterday was delayed for over an hour before
Gilligan, who has been transferred to different prisons for security
reasons, appeared in the dock at Woolwich Crown Court. Nigel Peters QC with
Shane Collery, who appeared for the prosecution told Judge Rucker that they
were staying all criminal proceedings issued in the jurisdiction against
Gilligan. They had put that in writing. It meant, he said, that the trial
would be stayed by the authority of the Commissioners of Custom and Excise.

"The effect of this is that criminal proceedings in the jurisdiction are
brought to an end and that is the end of the matter," he added.

Judge Rucker said that the file would be marked accordingly. Colin Nicholas
QC, who appeared for Gilligan, applied for costs in the magistrate's court
and in the Woolwich Crown Court.

He said for some of the time Mr Gilligan had been legally aided, but in the
initial stages his counsel and solicitors were personally instructed. He was
therefore applying for the defence costs to be paid from central funds.

The judge ordered the return of the private funded costs which would be
taxed.

Five law lords have ordered the extradition of Gilligan to Ireland, but on
February 3 he will personally challenge their ruling in the Divisional Court
on the basis that if he is returned to Ireland he will appear in the Special
Criminal Court and will be denied a jury trial, which is contrary to the
English judicial process.
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