The High Court is to decide if a man from Holland found in a luxury Dublin apartment linked to the Kinahan organised crime gang has been unlawfully detained.
Naoufal Fassih applied to be released because he claims he is being unlawfully detained after he was refused bail last week at the District Court.
The High Court was told that a barrister was not permitted to argue last week at the District Court why the 36-year-old should be granted bail.
During that hearing, the District Court was told that Mr Fassih was wearing runners worth €800 and a special edition watch worth over €40,000.
Two other Rolex brand watches found in the apartment by gardaí were worth over €43,000, along with a false Dutch passport, a false Belgian identity card and over €12,000 in cash.
The District Court was told gardaí raided the apartment, on Baggot Street, after they linked it through intelligence to the gang.
The apartment was rented for €2,900 a month and the court heard intelligence linked gang members to it.
Mr Fassih faces six charges, including possession of false documents, immigration offences and possession of a small quantity of cannabis.
One of the charges relates to the alleged presentation of false documents to the police which carries a maximum penalty of ten years in prison
Judge Cormac Dunne ruled last Friday the accused had made a case in court that the documents were genuine but the gardaí had discovered they were not.
He said he was satisfied the documents produced were false and refused bail, telling the defence barrister that he could take his case to the High Court and judicially review him if he so wished.
Today Mr Fassih's Senior Counsel Cormac Fitzgerald claimed the judge had failed to hear the defendant put forward evidence as to why he should get bail.
The defence he said was not allowed to introduce normal matters such as evidence of address and potential sureties and this renders his detention unlawful.
He said there is an absolute entitlement that the court allows submissions to be made.
Counsel for the State Gráinne O’Neill said however an Article 40 application was not appropriate.
She said the District Court Judge heard the bail application and while it may not have been perfect it was not such a fundamental breach that this man is held in unlawful custody.
She said Mr Fassih had applied in the District Court for a remand in custody until tomorrow and that was exactly what the judge ordered.
She said there was no predjudice in the District Court and he is fully entitled to apply for bail tomorrow.
Mr Justice Seamus Noonan said he will give his decision Friday afternoon.
