FIVE Portlaoise prisoners involved in the controversy over the composition of the Special Criminal Court got High Court permission yesterday to seek their release. Six other prisoners have already got similar orders.
Mr Patrick Gageby SC, for the five, said that at the very minimum servants of the State had attempted and were successful in subverting a Ministerial order for the prisoners release.
The five men were named as Mr, Bernard O'Hagan, Mr Hugh Wilkinson, Mr Gerard Patrick McCartney, Mr Patrick Kavanagh and Mr Paul Murray.
Mr Justice Carney said he would direct - an inquiry under Article 40 of the Constitution into the legality of their detention. He directed that they be produced before the court on Monday.
Mr Gageby read an affidavit by Mr Robert J. Eagar, solicitor for the five men, which said they were charged before the Special Criminal Court on October 28th, with Judge Dominic Lynch presiding.
Mr Eagar said it appeared from the Minister for Justice's statement on November 7th that Judge Lynch had been removed by Government order on August 1st and therefore what took place in the Special Criminal Court on October 28th was irregular and void.
Mr Eagar said his clients instructed him that on November 7th the Minister and/or the prison governor purported to effect some form of release of the five men who were apparently rearrested and charged afresh.
Mr Eagar alleged the men's detention was unlawful because their, release was deliberately delayed to permit the authorities to marshal their forces to rearrest them.