A man serving a 12-year sentence on charges relating to events in 1993 when a National Irish Bank director, Mr James Lacey, and members of his family were kidnapped is seeking his release.
This follows a decision by the UN Committee of Human Rights, the High Court heard yesterday.
Joseph Kavanagh, Benbulbin Road, Crumlin, Dublin, was convicted by the Special Criminal Court in October 1997 of robbery, possession of a handgun and demanding cash with menaces. Yesterday Dr Michael Forde SC, for Kavanagh, said that on April 4th the UN Committee of Human Rights held that the decision that his client be tried in the non-jury Special Criminal Court contravened his right to equality before the law.
Mr Justice Finnegan said an application on behalf of Kavanagh for leave to seek a judicial review could be made next Thursday. Among orders sought are that Kavanagh be freed on bail pending resolution of the proceedings.
In August 1997 Kavanagh complained to the UN Committee that his trial before the Special Criminal Court contravened the UN Covenant on Civil and Public Rights as his denial of a jury trial contravened his human right. The State declined to proffer any good reason for the DPP having certified in July 1994 that the ordinary courts were inadequate to try Kavanagh.
Mr Michael Farrell, Kavanagh's solicitor, said that on November 2nd 1993 Mr James Lacey and members of his family were kidnapped and an NIB branch was robbed. In July 1994 the DPP certified that the ordinary courts were inadequate regarding six charges to be preferred against Kavanagh.
No reason had been given for the DPP's decision that he be tried by the non-jury court.