Lawyers for convicted murderer Malcolm Macarthur are studying State arguments for keeping him in prison.
Macarthur is serving a life sentence for bludgeoning to death 27-year-old nurse Bridie Gargan while she was sunbathing in Dublin's Phoenix Park in July 1982.
His legal team brought an application before the High Court compelling the State to outline its reasons for refusing his release in line with parole board recommendations.
One of the country's longest-serving and most infamous prisoners, Macarthur is now in Shelton Abbey open prison and is now in his 24th year of imprisonment.
The High Court application was struck out yesterday, with costs awarded to the plaintiff, after it was stated that the State had handed over its case to Macarthur's lawyers last Friday.
It is understood that the main thrust of the State's argument is that the Government has the right to determine the length of a life sentence in individual cases.
Macarthur's lawyers dispute this, and are expected to seek a judicial review ordering that the advice of the parole board be heeded.
Minister for Defence Willie O'Dea has assumed responsibility for Macarthur's imprisonment as Minister for Justice Michael McDowell was involved in the original trial.
Macarthur is also believed to have killed Co Offaly farmer Donal Dunne three days after the Phoenix Park murder.
The state withdrew charges in that case.
His arrest, shortly after both killings, at the home of his friend and the then attorney general Patrick Connolly in the exclusive south Dublin suburb of Dalkey sent shockwaves through the nation.
The incident sparked a major political scandal.
Mr Connolly, who went on holidays on the day of the arrest, was unaware at the time that Macarthur was the focus of a countrywide manhunt.
He returned home and resigned shortly afterwards.