Counsel for convicted drug-dealer John Gilligan has challenged the severity of his jail term because the evidence from certain witnesses was inadmissible and "uncorroborated", the Court of Criminal Appeal heard today.
Counsel for Gilligan, Mr Michael O'Higgins SC, told the court his client intended to challenge the conviction at the Special Criminal Court in March 2001 on a number of grounds.
Gilligan, is serving a 28-year sentence in Portlaoise Prison. He is appealing the severity of his sentence.
His counsel said Gilligan began his appeal "heavily armed" with information contrary to that used by the State to prosecute him and querying the legality of his initial extradition to Ireland from the UK, his counsel told the court.
With particular reference to State witness Charles Bowden, Mr O'Higgins argued that those who gave testimony against Mr Gilligan were self-serving, "desperate men" who would lie at every opportunity.
Mr O'Higgins described Mr Bowden as a "serial liar" whose "inducement was improper" and therefore his testimony should be deemed inadmissible.
The Witness Protection Programme used cash as an inducement in this case, Mr O'Higgins suggested, and it was therefore inappropriate to uphold the evidence of somebody who had been found to have been lying numerous times before.
In addition, to suggest, as the prosecution did, that Gilligan was guilty by association because he attended the same wedding as other known criminals was wholly inappropriate, argued Mr O'Higgins. He described such a situation as a "very bad look-out" and "factually insupportable".
It was also argued that false inferences and incorrect assumptions were made because of Gilligan's friendship with Mr Brian Meehan.
The afternoon's sitting heard, Mr Cian Ferriter JC for Gilligan, describe what he termed as the "slightly suspicious" circumstances in which Gilligan ended up before the Special Criminal Court.
Mr Ferriter suggesting gardai were, at the time, "dragging their heels" with regards to supplying the English authorities with critical information at the time of the extradition and that in light of this, Gilligan's appearance in the Special Criminal Court may well have been unlawful.
Proceedings were interrupted by Limerick law lecturer Mr Denis O'Riordan, who challenged the presiding judges on their eligibility, under the constitution, to hear the case.
He was then escorted from the court by gardaí.
Gilligan was convicted of 11 offences alleging he unlawfully imported cannabis resin into the State on various dates between July 1st, 1994, and October 6th, 1996; that he unlawfully possessed cannabis resin for sale or supply on the same dates; and that on or about October 3rd, 1996, at Greenmount Industrial Estate, Harold's Cross, Dublin, he had cannabis resin for sale or supply.
Gilligan was acquitted of the murder of journalist Veronica Guerin in 1996 and a number of firearms charges.
In June last year, Gilligan was sentenced to five years in prison for threatening to have two prison officers and their families killed.
