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Gilligan leaving the High Court in 2003. Haydn West/PA Archive/Press Association Images
John Gilligan

Gilligan phone challenge to be decided on Friday

Convicted criminal cries “double jeopardy” in his challenge to District Court trial.

JOHN GILLIGAN’S HIGH COURT challenge to a District Court trial regarding his alleged possession of a mobile phone in prison will be decided by Friday.

The convicted drug dealer is objecting to his trial at the District Court because he says he was already punished by the prison service for the phone offence.

He claims that if he is found guilty in court and punished again, it will constitute ‘double jeopardy’.

Counsel for the states argues that the criminal justice system is entirely separate to the prison’s disciplinary procedures, and says double jeopardy only applies to criminal offences.

Gilligan’s legal team had applied for a three-week adjournment to the High Court trial, claiming they were not prepared to proceed with the case. The court granted a one-day adjournment yesterday, and the hearing proceeded today.