CHALLENGES to the legality of the detention of a number of prisoners involved in the controversy over the composition of the Special Criminal Court, which were to have been heard by the High Court on Monday, were yesterday adjourned until December 2nd.
However, bail applications on behalf of four of the prisoners; began yesterday in the High Court and will continue in Green Street courthouse next Monday.
Yesterday, Mr Justice Kelly put back the inquiries to allow the production of documents on behalf of the Minister for Justice, Garda Commissioner, Attorney General and prisoner governors.
Earlier this month, the High Court had given leave to the prisoners to challenge the legality of their detention under Article 40 of the Constitution. Seventeen have instituted proceedings.
The four prisoners seeking bail are Mr Nissait Quinlivan, Mr Michael Hegarty, Mr Joseph Kavanagh and Mr John Conaty.
Mr Diarmaid McGuinness SC, for the DPP, said he opposed the jurisdiction of the court to hear bail applications on principle as it would improperly anticipate a possible outcome of the proceedings relating to the inquiry into their detention.
Dr Michael Forde SC, for Mr Hegarty and Mr Kavanagh, said bail was a conditional release but if they were released after the Article 40 inquiry it would be unconditional.
Dr Forde made the first application on behalf of Mr Hegarty. Mr Hegarty (43) was charged with unlawful possession of an explosive substance with intent to endanger life at Longfield, Etra, Carrickmacross, Co Monaghan, on November 19th, 1995.
Supt Andrew Fahy, of Carrickmacross, said he believed the defendant would not stand trial. He formed that opinion one the strength of the case against him and the length of the likely sentence.
Ms Mary Ellen Ring, for Mr Quinlivan, made the next application.
Mr Quinlivan (31) of Knockalisheen Avenue, Ballynanty Beg, Limerick, was charged with falsely imprisoning Mr Michael Lyons at Greenhill Road, Garryowen, Limerick, on August 25th, 1995.
Del Supt John Kerin said he believed Mr Quinlivan would not stand trial if he was given bail because of the seriousness of their charge, which carried possible life imprisonment.
The applications were adjourned until Monday.