High Court refuses release to three men jailed for possessing drugs for sale or supply
This report is a localnews.ie summary based on public court reporting and records; sources are listed below.
High Court President Mr Justice Nicholas Kearns dismissed release applications from Keith Willis, jailed for three years, Anthony Murphy, jailed for five years, and Joseph Carberry, jailed for ten years, and ruled their detention lawful. The proceedings were reported on 25 April 2015.
They sought inquiries under Article 40 of the Constitution after the Court of Appeal ruled in March that section 2(2) of the Misuse of Drugs Act 1977 was unconstitutional because it delegated lawmaking powers to the Government. They argued the relevant drug provisions and ministerial order were invalid at the times of their arrests and sentences. The State argued all three were validly detained.
Mr Justice Nicholas Kearns said the Supreme Court’s 2006 A case established that finally determined convictions need not be set aside when legislation is subsequently found unconstitutional, subject to wholly exceptional circumstances where justice required it. He found neither Keith Willis nor Anthony Murphy had shown such circumstances. He rejected Joseph Carberry’s argument that an existing conviction appeal entitled him to different treatment. The judge also considered their guilty pleas relevant to their knowledge that their conduct was criminal.
Keith Willis was jailed for three years at Sligo Circuit Criminal Court in 2013. He pleaded guilty to possessing €31,250 of ecstasy for sale or supply under section 15(A) of the Misuse of Drugs Act. On 16 April 2012, gardaí found ecstasy concealed in the boot of the car he was driving in Sligo. He claimed he drove there to get €500 to pay off a €10,000 debt.
Anthony Murphy pleaded guilty at Dublin Circuit Criminal Court in October 2013 to possessing synthetic cannabis for sale or supply. The offence involved drugs worth €560,000 at Carnlough Road, Cabra, on 6 February 2011. He was jailed for five years.
Joseph Carberry pleaded guilty at Dublin Circuit Criminal Court to possessing €290,000 of pentedrone for sale or supply. The offence occurred on 24 July 2013 on the Swords Road and at the junction of Sillogue Road and Balcurris Road, Ballymun. He was jailed for ten years.