↑ Grab this Headline Animator

Irish Prisoners Jailed Under Explosives Substances Act 1883 Wrongly...

Giovanni Di Stefano the lawyer for Patrick "Dutchy" Holland stated today that based upon the legal advice drafted by him an application had been filed with the Court of Criminal Appeal in Dublin, Ireland to appeal a conviction in 1989 based upon the Explosives Substances Act 1883.



Mr. Di Stefano contends in the written opinion sent to Patrick "Dutchy" Holland that the Explosives Substances Act 1883 is in direct conflict with the Irish Constitution since it failed to comply with Art 3 (1) of the Irish Constitution. (Section II of the Criminal Procedure Act 1993 of 2005 in the Court of Criminal Proceedings in Dublin)



Mr Di Stefano stated that since the 1883 Act was in fact legislation drafted and enacted by the Parliament headed by Prime Minister Gladstone and that no Irish Parliament in fact existed at that time the said 1883 Act was obselete and could not form the basis of any criminal charge.



The Irish Constitution made it a pre requisite that "the laws enacted by the Parliament established by thisConstitution shall have the like area and extent of application as the laws enacted by the Parliament that existed IMMEDIATELY BEFORE the comming into operation of this Constitution."



Mr Di Stefano stated catagorically that the Parliament immediately before 1937 when the Constitution came into operation did not legislate the 1883 Act and as a consequence any conviction based upon the 1883 Act was "unsafe, unsatisfactory and subject to being quashed."



Patrick "Dutchy" Holland was convicted on explosives offences in 1989 and was defended by the now Minister of Justice for Ireland. He was originally sentenced to 10 years imprisonment subsequently reduced to 7 years. Mr Di Stefano stated that "not only is the conviction of Patrick Holland unsafe but in our view there remains the questionmark on anyone who has been convicted of offences involving the said 1883 Act."



It will remain for the Irish Supreme Court to eventually rule on the question of any legislation incompatible with the Irish Constitution.



See attached file for full court advice.



Studio Legale Internazionale

Largo G Tartini �

Roma 00197

Italia

gds/dm/smpms

27/08/2005

www.studiolegaleinternazionale.com

+44 7766 732099

↑ Grab this Headline Animator

---

This article has been robotically scanned and tagged by Prnewsnow with the following search tags. No human manipulation of these tags take place.
| Violence | Domestic Violence | men supporting vawa |

---

4876 readers online...

, Local News