By Aisling Byrne
The Supreme Court has quashed Fionn Hughes's return for trial on a drug-supply charge carrying a potential minimum ten-year prison sentence and sent the issue back to the District Court for a fresh decision based on the original evidence.
The disputed charge arose from the interception of a vehicle in which Hughes was a passenger at Clarinbridge, Co Galway, on October 14, 1999. Prosecutors alleged that he possessed cannabis resin and cocaine for sale or supply with an aggregate market value of £10,000 or more. Seven other drug-related charges arose from that incident and an earlier search of his Galway apartment.
Hughes was served with a book of evidence in September 2000. At a preliminary examination the following month, his solicitor argued that it contained no evidence establishing the value of the drugs, an essential element of the more serious charge.
The prosecution obtained an adjournment and subsequently served an additional statement from Detective Garda Jarlath Burke dealing with value. The District Court accepted that evidence and ultimately returned Hughes for trial.
Mrs Justice McGuinness held that this was outside the District Court's statutory jurisdiction under the Criminal Procedure Act 1967. The legislation prescribed an ordered process: the prosecution first served its evidence under section 6, after which the court moved to consideration of evidence and submissions under section 7 and then determined whether the accused should be returned for trial under section 8.
Once the District Court had moved to submissions, the Supreme Court held, it could not go back and accept further evidence under section 6(4) so that the prosecution could fill the identified gap.
The ruling does not mean the eighth charge is dismissed. It must return to the District Court, which must decide from the original book of evidence whether there was already enough evidence of drug value to send Hughes forward for trial. His other seven charges remain unaffected.