The High Court today adjourned two separate challenges by sex offenders who claim their imprisonment was unlawful after the Supreme Court struck out the law they were tried under.
Wexford publican Simon Murphy, who had served four years in jail for abusing young girls including his sister, applied to be set free.
A second man, aged 19, who cannot be named and is 11 months into a prison term for the statutory rape of a 14-year-old girl also applied for release.
They insist they should be set free after a 41-year-old man, known as Mr A, was released on the grounds of his detention was unlawful. Ms Justice Mary Laffoy ruled on Tuesday he could no longer be held for the unlawful carnal knowledge of the young girl he plied with drink as the Supreme Court had wiped the charge from the statute books.
Mr A was the first child sex abuser to go free following the judgement. Murphy and the 19-year-old man brought their case separately to the High Court on the same grounds as Mr A.
But judges ruled full hearings on the challenges should take place after the Supreme Court dealt with an appeal by state lawyers over the release of Mr A. That matter is due to be heard in front of five judges tomorrow.
Mr Justice John Quirke put back Murphy's challenge until next Tuesday, while Mr Justice Barry White adjourned the other case until tomorrow afternoon.
Murphy, a 53-year-old father of four, was jailed for a total of eight years in June 2002 for sexually abusing his sister and three other girls.
A businessman from Ramsgrange, New Ross, he pleaded guilty to 42 counts of sexual abuse and unlawful carnal knowledge over a 25-year period.
He was given five years in prison for unlawful carnal knowledge and three years for sexual assault with the sentences to run consecutively.
The last two years of the sentence was suspended.
Mr Justice Quirke told the court questions of profound and considerable importance had to be answered by the Supreme Court.
The judge ordered Murphy to be returned to jail insisting that his detention was not at odds with the preservation of justice.
Meanwhile, the 19-year-old was also charged under the same defunct rape laws. He was 18-years-old when the incident occurred.
The judgement on his detention will be heard at 4pm tomorrow.
He was sentenced at District Court in the midlands in February and is currently serving an 11-month sentence after admitting unlawful carnal knowledge.
Mr Justice White admitted the decision from tomorrow's appeal will have a binding affect on all the other cases which come under the 71-year-old statutory rape law.
Taking into account the sensitive nature of the case he added it was clear the age disparity in this case was nothing like the age disparity in the A case.
The teenager was remanded back in custody at St Patrick's Institute overnight.