Courts / Dublin / Report

Man jailed for having ecstasy tablets seeks inquiry into detention after Court of Appeal judgement

Summary

Keith Willis, a Dublin man currently incarcerated at Wheatfield Prison, has brought an application under Article 40 of the Constitution seeking an inquiry into the legality of his continued detention. This follows a recent Court of Appeal judgment that struck down a government regulation declaring possession of certain drugs an offence, ruling that Section 2(2) of the 1977 Misuse of Drugs Act was unconstitutional because it vested law-making powers in the Government rather than the Oireachtas. Willis argues that the Misuse of Drugs Act provision making possession of ecstasy an offence was invalid when he received his custodial sentence. In 2013, Willis pleaded guilty to possessing ecstasy tablets, valued at €31,250, for sale or supply at Sligo Garda Station. Judge Anthony Hunt sentenced him to five years in prison, with the last two years suspended. Although the source text mentions a three-year jail term in the introduction, the specific sentencing detail provided is five years with two suspended. Today, High Court President Mr Justice Nicholas Kearns directed that an inquiry into Willis' detention be heard. The matter was adjourned to next week. This application arises from the Court of Appeal ruling in an action brought by Stanislav Bederev, which temporarily made psychoactive drugs legal before emergency legislation was introduced.

Who, what, where, when and why

What: Report matter: Man jailed for having ecstasy tablets seeks inquiry into detention after Court of Appeal judgement. Charges or matters: possessing the drug at Sligo Garda Station, valued at €31,250, for sale or supply. Procedural stage: appeal

When:

• April 16th, 2012 Incident
• 2015-03-20 Publication

Why: This was because it purports to vest in the Government law making powers which are in the exclusive authority of the Oireachtas. CNI source report

Case subjects

Places mentioned

Topics

Drugs Stage Appeal

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Read the original CNI report