Source: Sunday Times 
Author: Phelim McAleer 
Contact:  
Pubdate: 21 Dec 1997

MINISTER IN ROW OVER DRUGS CASE

A LIMERICK man allegedly found in possession of £150,000 worth of cannabis
may not face trial after another mixup about the powers of certain judges
to authorise the holding of suspects for up to seven days. 

In a further embarrassment to John O'Donoghue, the justice minister, it is
understood that lawyers representing Paul Dillon, 39, will claim that part
of his detention was illegal. 

The Dillon case is similar to a mixup in November when five men held after
a drugs seizure in Dublin had to be released and rearrested several times.
One man is still being sought by gardai. 

Jim Higgins, the Fine Gael justice spokesman, yesterday accused the
minister for justice of "political cowardice" for not revealing the case
when the dail was sitting. Parliament went into recess last week. 

"The minister played for time," Higgins said. "He twice refused to answer
my questions about the existence of any other cases to escape a grilling." 

Dillon, of Cliona Park, Limerick, was arrested on November 6. Gardai had
the power to hold him for questioning for 48 hours, and before this expired
Judge Michael O'Reilly granted permission for Dillon to be detained for a
further three days. 

O'Reilly was nominated by the president of the district court as a judge
with the power to authorise such detentions. But at the end of Dillon's
fifth day in custody, gardai applied to hold him for a further two days.
This was authorised by Judge John O'Neill, covering for O'Reilly, who was
on holiday. O'Neill is not a nominated judge. 

It is believed the defence team is considering having this part of the
detention declared illegal. 

Prosecution sources say they will resist the move. 

Garda sources say one possible outcome is that a court could decide that
any evidence gathered in the final two days should be excluded from any
trial. The sources believe that even with this restriction they will be
able to present a case against Dillon.