MR DAVID Murphy, who was being held by gardai yesterday in connection with the murder of his wife, Patricia, near Griffith Avenue, Dublin, in May, last night lost a High Court case challenging his detention.
However, Mr Murphy was immediately released from custody when the period allowed for his detention elapsed during his court challenge.
Mr Murphy was arrested yesterday morning on foot of a court order allowing gardai to question him for up to 12 hours. An application was made to the High Court at 2.45 p.m. challenging the legality of his detention.
Because of a legal provision which only allows "the clock to stop" during questioning because of a medical problem or because the detainee needs sleep, the time spent challenging his detention in the High Court was included in the 12 hours.
When the application was dismissed at 8.30 p.m. Mr Murphy could no longer be detained. He cannot be rearrested unless gardai obtain new evidence against him.
It was the second time Mr Murphy had been arrested in connection with the murder of his wife.
The High Court was told that gardai suspected Mr Murphy because items of clothing belonging to both him and his wife had been found in a plastic bag in the Tolka river which a witness had seen being thrown into the river on the night of the murder.
Since Mr Murphy's previous detention on June 6th, a witness had identified him as the man she had seen at Woodpark Rise on the night Mrs Murphy (34) was murdered. Her body was found behind a skip at Woodpark Rise the following morning.
It is also claimed Mr Murphy told his landlord that gardai suspected him of killing his wife, but it would be "a long time before I crack".
Mr Murphy gave four reasons for challenging the detention order. His counsel claimed the evidence was not new; that even if it was it was not sufficient to incriminate Mr Murphy in the crime; that gardai had not acted in a bona-fide manner; and that the warrant for his arrest had not been properly executed. Mr Justice Kelly dismissed all four grounds.