The High Court is to conduct an inquiry into the legality of detaining a former postman who pleaded guilty to having cocaine and ephedrine for sale and supply.
Alan Browne of Donomore Park in Tallaght was jailed for 4 years last November but it has since become clear that ephedrine is no longer a controlled substance.
Mr. Browne pleaded guilty to one count of having €76,000 worth of cocaine and ephedrine tablets for sale or supply at his home on January 28th last year.
He has spent the last 7 months in jail but his detention is being challenged because it has emerged ephedrine was not a controlled substance at the time of the supposed crime.
It was de-listed in and around late 2009 early 2010.
In separate proceedings the Director of Public Prosecutions (DPP) is asking the High Court to quash his conviction because the charge relating to ephedrine should not have been on the indictment.
They want him re-tried on the cocaine charge.
In the meantime his lawyers are now challenging the lawfulness of his continued detention at Shelton Abbey.
The matter will be decided following a High Court hearing tomorrow.
Story courtesy of Newstalk 106 – 108 FM