A man serving a 40 year sentence for the capital murder of a Garda sergeant who was shot dead during a robbery in 1985 has failed to secure a High Court order compelling the State to disclose all documents considered by the authorities in relation to his sentence.
Noel Callan, aged in his forties, of Cullaville, Castlteblayney, Co Monaghan, was convicted at the non jury Special Crimnal Court in 1985 of the capital murder of Sergeant Patrick Morrissey (49) and had sought the documents in preparation for a constitutional challenge to the failure to release him after some 24 years imprisonment.
Sgt Morrissey was shot dead on June 27th 1985 at Rathbrist, Tallanstown, Co Louth, following an armed robbery that same day at Ardee Labour Exchange. Callan’s co-accused Michael McHugh of Clonalig, Crossmaglen, Co Armagh was also convicted of capital murder.
Both men were sentenced to death but the sentences were later commuted to 40 years imprisonment. They also received 12-year sentences for the robbery.
In his legal challenge, Callan claimed he should be entitled to an independent sentencing tribunal under the European Convention. His appeal against an order of the Master of the High Court refusing him all documents considered by the State authorities relating to his sentence was rejected today by Mr Justice Kevin Feeney.
The judge ruled Callan had failed to identity any basis on which additional information sought by him would be relevant to the proceedings.
Callan’s counsel, James Egan, had sought all records considered by the Government and the Minister for Justice in deciding on the appropriate terms of his imprisonment. Counsel also sought all records and advice which the Government and the Minister for Justice provided to the President for the purposes of the President’s commutation of Mr Callan death sentence.
Mr Egan argued his client’s continuing imprisonment breached his constitutional rights and there was no provision for the sentence of 40 years.
Mark Murphy, for the Attorney General, said documents concerning how the Government came to its decision or how it came to give its advice to the President were of no relevance.
In his decision, Mr Justice Feeney said Article 13.8 of the Constitution indicates the President is not answerable to the court relating to the exercise of the President’s functions.