One of the men arrested as part of the garda investigation into the fatal gun attack on Donna Cleary at a party in Coolock, Dublin, in the early hours of Sunday, has gone to the High Court this evening to contest his continued detention.
Jeffrey Finnegan (26), Rathvilley Drive, Finglas, appeared with another man before Dublin District Court last night after gardaí applied to the court to extend their detention for an extra 24 hours until 11pm tonight.
It is understood Mr Finnegan is contesting the validity of his detention order as it was only signed at 11.25 last night, twenty-five minutes after his initial period of detention ran out.
The two men were detained just before 11pm on Sunday under Section 30 of the Offences Against the State Act. Under this they can be held for 72 hours without charge.
However, after an initial 48-hour period gardaí must apply to the courts to detain them for a further 24 hours.
Michael Higgins, senior counsel, is arguing in the High Court that the continued detention is illegal as Mr Finnegan had his detention extended after the initial period had expired.
A husband and wife were released last night without charge and a file has been sent to the DPP.
The fifth man arrested on Sunday night in Co Kildare - Dwayne Foster (24) Woodbrook Avenue, Finglas - died in Garda custody yesterday. Gardaí regarded him as the chief suspect in the crime.
Post mortem results are due today but garda spokesman said it was not yet known if they would be publicly released. Judge James Paul McDonnell last night granted the Garda application to further question a man with a Clonee, Dublin 15 address.
The court heard from Superintendent Noel McLaughlin, who is leading the investigation, who said the extra time to question the suspect was needed to allow for access to technical reports on ballistics, DNA and a forensic examination of a car.
"From my inquiries, I have been led to believe that he played a central role in the shooting that took place," he said.
The suspect is being questioned in connection with the alleged possession of a firearm, the alleged possession of a firearm with intent to endanger life and his alleged involvement in the murder of Ms Cleary.