A Co Armagh man jailed for 40 years for the capital murder of a Garda sergeant has secured leave from the High Court to seek an order compelling the Minister for Justice to decide on his application for early release under the terms of the Belfast Agreement.
Michael McHugh (now aged 41), of Clonalig, Crossmaglen, and Noel Callan (now aged 39), of Cullaville, Castleblayney, Co Monaghan, were convicted at the Special Criminal Court in December 1985 of the capital murder of Garda Patrick Morrissy (49), at Tallanstown, Co Louth on June 27th, 1985. They were sentenced to death but the sentence was later commuted. The men were also sentenced to 12 years' imprisonment for the robbery of €31,740 from Ardee Labour Exchange.
In court yesterday, Mr Conleth Bradley, for McHugh, read an affidavit by Mr Oliver J. Kelly, a Belfast solicitor, who said McHugh was seeking an order directing Mr O'Donoghue to make a decision on McHugh's application that he was entitled to be released pursuant to the Criminal Justice (Release of Prisoners) Act 1998.
Mr Kelly said the application also arose from the Belfast Agreement reached on April 10th, 1998 in which the Irish and British governments committed themselves to an accelerated programme for the release of prisoners convicted of scheduled offences in Northern Ireland or similar offences for those sentenced outside the North.
Since July 2000 McHugh had requested the Minister to make a decision but the Minister had merely acknowledged his repeated applications.
McHugh had said he had disavowed violence and recognised that the future political way in the island of Ireland "is through the mechanisms created through the agreement".