A man jailed for the murder of a young Cork student and the attempted murder of her friend has brought a landmark High Court challenge to the constitutionality of the mandatory life sentence in murder cases.
The outcome of the challenge by Peter Whelan has implications for 253 people serving life sentences for murder here, with the average life sentence extending to thirteen-and-a-half years.
Whelan contends the mandatory life sentence is unconstitutional because, he says, it does not allow judges to hand down sentences that are proportionate and reflect the seriousness of the crime.
The challenge is being opposed by the Minister for Justice, Equality and Law Reform, the Attorney General and the State.
Whelan, Ashgrove, Underwood, Rochestown, Cork, was aged 20 years when he was jailed for life at the Central Criminal Court in December 2002 for the murder of student Nicola Sweeney (20) at her home at Underwood House, Rochestown, in April 2002.
Whelan pleaded guilty to the murder. He also received an additional 15 year sentence for the attempted murder on the same occasion of Sinead O'Leary, a student and friend of Ms Sweeney.
The Central Criminal Court heard that Ms Sweeney and Ms O'Leary were in Ms Sweeney's house preparing to go out at about 11pm on April 27th, 2002, when Ms O'Leary saw a man she did not know approaching. She was knocked to the ground, kicked and punched. Whelan took out a knife and Ms O'Leary received multiple stab wounds.
When Whelan left Ms O'Leary, she ran downstairs and locked herself in a bathroom. A short time later, she went back upstairs and found Ms Sweeney unconscious with multiple stab wounds. Nicola's parents John and Josephine Sweeney were in court for yesterday's hearing, which continues before Ms Justice Mary Irvine today.
In submissions for Whelan, David Goldberg SC, said that if the State's arguments in this case were correct, a life sentence was without any remission. This meant that Mr Whelan could spend the whole of his natural life in prison, without being told that this was the case.
"He could be in prison for 50 years if he lives the normal lifespan," Mr Goldberg said.
Counsel said the European Court of Human Rights had forced the UK to change the law and the whole structure concerning life sentencing. Could Ireland, he asked, proceed to plough this "single deep furrow" based on a view that the sentence of life imprisonment means a prisoner surrenders his liberty for the rest of his days.
Any question of release was merely one of privilege, not one of right, and this was the kernel of the case, counsel said.
Whelan contends that the Minister had established an ad hoc Parole Board to advise on the release of prisoners serving life and other sentences. The board advises the Minister but the Minister was not obliged to accept the advice. This involved the Minister exercising a judicial function in breach of the constitutional separation of powers, it is contended.
It is also submitted on behalf of Whelan that the victim's family had established a foundation for the sole purpose of lobbying the Minister for Justice to fix the sentence as a whole life term and to provide that all life sentences should be whole life terms. The hearing continues today.