Four men serving jail sentences in relation to the death of Det Garda Jerry McCabe in Adare 10 years ago have brought a High Court challenge to an alleged policy since January 2004 to repeatedly refuse them temporary release.
Kevin Walsh, Michael O'Neill, Pearse McAuley and Jeremiah Sheehy, all in custody in Castle- rea Prison, yesterday secured leave from Mr Justice John McMenamin to each bring judicial review challenges over the refusals of temporary release. The judge returned the cases to December 19th.
Patrick Gageby SC, for the men, said there appeared in the past two years to be a policy of refusing applications for temporary release to the men.
The four are serving sentences ranging from 11 to 14 years in connection with the attempted robbery of the post office at Adare, Co Limerick, on June 7th, 1996, that resulted in the death of Det Garda McCabe.
They are seeking an order quashing the refusals of temporary release. They are also seeking declarations that the repeated refusals of temporary release since January 2004 is capricious, arbitrary and an unjust exercise of the temporary release powers of the governor and the Minister for Justice. They also want a declaration that they are entitled to have their requests for temporary release reconsidered.
The men claim they have been singled out, in an arbitrary and unjust manner and without any objective justification, for exclusion from proper consideration for temporary release.
McCauley, originally from Strabane, Co Tyrone, and Sheehy, Limerick, were jailed for 14 years and 12 years respectively in early 1999 after pleading guilty at the non-jury Special Criminal Court to the manslaughter of Det Garda McCabe during an attempted robbery outside Adare post office, Co Limerick, in June 1996.
Walsh (45), Patrickswell, Co Limerick, also received a 14-year jail term in connection with the Adare incident while O'Neill was jailed for 11 years.
Walsh said he had, until January 2004, secured temporary release four times. However, since then he has been refused temporary release six times when he applied to spend time with his family at Christmas and Easter. His last application was on October 23rd last when he was refused temporary release to visit his 86-year-old ill father in hospital on the grounds that insufficient medical evidence had been provided about his father's condition.
O'Neill said he was, until January 2004, granted temporary release nine times to visit his family and sick relatives in hospital and was also granted temporary release in April 2002 for his daughter's confirmation. Since January 2004, he has been refused 12 times, the last application being to visit his 82-year-old sick mother.
Sheehy said he has been granted temporary release five times and has been refused twice in relation to his son's confirmation in 2001 and his daughter's Holy Communion three years ago.
He said he has made four applications for temporary release since January 2004 to be with his family at Christmas and Easter, all of which were refused.
McAuley said he was granted temporary release on six occasions but, since January 2004, eight applications had been refused.