The High Court has quashed orders extending the deadline for serving a book of evidence on a man facing drugs and immigration charges arising from a search of a house at Castlereagh, Co Roscommon.
Tran Tuan Anh, a Vietnamese national, was initially charged on April 21, 2008 with an offence under the Misuse of Drugs Acts and an offence under the Immigration Act 2004. Gardaí alleged that a search the previous day found the entire upstairs of the house being used to cultivate cannabis plants. Further drugs charges were brought in June.
Mr Anh remained in custody while the prosecution prepared the book of evidence. On July 11, 2008, Superintendent Seán Ward applied at Harristown District Court for additional time, telling the court that the investigation had proceeded speedily, DPP directions had been obtained and the charges would be incorporated into one book.
There was a factual dispute over the defence response. Mr Anh’s solicitor, Gerard Cullen, said he objected because no sworn evidence had been given to justify the extension. The State contended that there had been no such objection. After considering affidavits and oral evidence from solicitors and the applicant’s interpreter, Mr Justice O’Neill found that the defence had, at least by necessary implication, objected on that basis.
The High Court held that once an application under section 4B of the Criminal Procedure Act 1967 is contested on relevant facts, the prosecution must establish those facts through evidence. This allows the accused to cross-examine and, where appropriate, call rebuttal evidence.
Mr Justice O’Neill found that District Judge Geoffrey Browne had proceeded without such evidence and therefore acted outside his powers in extending the deadline to July 18. The court rejected the State’s argument that quashing the already-expired orders would be pointless, noting the consequences for Mr Anh’s liberty and right to an expeditious trial.
The High Court granted certiorari quashing the July 11 extension orders. It did not determine the underlying criminal charges.