A preliminary step in a legal attempt by convicted murderer Malcolm MacArthur to gain his release from prison will be taken today in the High Court.
Lawyers for MacArthur will bring an application that the State be compelled to enter a defence against his claim he should be released under a Parole Board recommendation.
The MacArthur legal team has delivered documents setting out his claim, but the State has not yet entered a defence.
If the application is successful, MacArthur's lawyers can then proceed to full hearing. It is expected that the ruling on the application will be made today.
The Parole Board has unanimously supported a programme under which MacArthur would be given short-term release followed by full release.
MacArthur is one of the State's longest-serving convicted prisoners since he was arrested for the murder of a nurse, Bridie Gargan, in 1982. He pleaded guilty to her murder and received the mandatory life sentence. The State then withdrew charges against him of the murder of Co Offaly farmer Donal Dunne.
In 2004, he was moved to Shelton Abbey open prison, following a recommendation from the Parole Board in 2002 that he be moved there to assess his suitability for release.
The case was lodged in the High Court at the end of 2004. MacArthur is seeking a declaration that his continued detention contravenes his rights under the Constitution and the European Convention on Human Rights.
His lawyers are seeking an order that the recommendations of the Parole Board be acted upon. They are also looking for a declaration that it is contrary to the European Convention for a Government minister to take a decision on varying his sentence, and seeking damages for breach of his constitutional rights.
His team includes solicitors James MacGuill and company, and barrister Siobhan Phelan. Patrick MacEntee, senior counsel in the case, will not be present in court today as he is working on his report as sole member of the commission investigating the 1974 Dublin and Monaghan bombings, due before the end of July
In 1982, Malcolm MacArthur was found after the two murders in the Dalkey apartment of Patrick Connolly, the then attorney general.
The series of events caused then taoiseach Charles Haughey to make the famous remark that it was "grotesque, unbelievable, bizarre and unprecedented", resulting in Conor Cruise O'Brien creating the term "gubu".