Courts / Dublin / Report

Trio fail in bid to be released from prison after appeal court drugs ruling

Date
2015-04-24

Stage
Appeal

Primary locality
Ballymun

County
Dublin

Summary

The President of the High Court has rejected applications by three men imprisoned for drug possession offences, who sought release following a Court of Appeal decision that struck down provisions of the Misuse of Drugs Act as unconstitutional. Keith Willis was convicted of possessing ecstasy tablets after gardaí discovered drugs in his vehicle in Sligo in 2012. Anthony Murphy and Joseph Carberry were each convicted of possessing synthetic cannabis and pentedrone respectively for supply purposes. The men argued their detention had become unlawful after the Act's regulatory framework was found unconstitutional, contending the substances were not legally prohibited at the time of their arrests. Mr Justice Nicholas Kearns dismissed the applications, finding their detention remained valid. He held that prior Supreme Court authority established that cases concluded under laws subsequently found unconstitutional need not be reopened absent wholly exceptional circumstances. The judge determined none of the applicants satisfied the threshold for such exceptional relief. Anthony Murphy pleaded guilty. Joseph Carberry pleaded guilty. Keith Willis pleaded guilty.

Who, what, where, when and why

What: Report matter: Trio fail in bid to be released from prison after appeal court drugs ruling. Charges or matters: being in possession of various drugs; possessing ecstasy, valued at €31,250, for sale or supply; possessing a synthetic type of cannabis for sale or supply at Carnlough Road, Cabra on 6 February 2011. Procedural stage: appeal

When:

April 16th 2012 Incident
October 2013 Incident
6 February 2011 Incident
May 2010 Incident
July 24th 2013 Hearing Or Sentence
2015-04-24 Publication

Why: Photo: Collins) The President of the High Court, Mr Justice Nicholas Kearns, has dismissed bids by three men serving sentences for possession of certain drugs to be released from prison because the substances were not legally prohibited when they were arrested and jailed. CNI source report

Case subjects

Anthony Murphy

Applicant

Charges: being in possession of various drugs; possessing ecstasy, valued at €31,250, for sale or supply; possessing a synthetic type of cannabis for sale or supply at Carnlough Road, Cabra on 6 February 2011 (Admitted)

Plea: Guilty

Joseph Carberry

Applicant

Plea: Guilty

Keith Willis

Applicant

Plea: Guilty

Outcome: The judge was satisfied neither Murphy or Willis had shown they come within "the category of exceptions which would render their continues detention unjust." The judge rejected argument advanced on behalf of Joseph Carberry he had an appeal against his conviction in existence. None of the three the judge said were in the position of "the hapless Dr Manette, prisoner 105 in the Bastille, who in Dickens Tale of Two Cities spent 18 years falsely imprisoned having committed no crime whatsoever." Willis (aged 25), Rossmore Avenue, Ballyfermot was jailed after admitting to an offence under Section 15 (A) of the Misuse of Drugs Act at Sligo Circuit Criminal Court in 2013.