Malcolm McArthur, a convicted murderer and one of the State's longest-serving prisoners, may be sent to an open prison to test his suitability for release, it has emerged.
The Department of Justice, Equality and Law Reform confirmed last night that it has received a report from the Parole Board on McArthur, who was convicted of the 1982 murder of Ms Bridie Gargan. It is understood the report recommends he be moved to an open prison.
The Minister, Mr McDowell, is arranging for another Minister to consider the report as he was a junior counsel for the defence in McArthur's trial.
The Parole Board is believed to have considered psychological and psychiatric reports before making its recommendation. It is understood that moving McArthur to an open prison would provide an opportunity to test whether he is fit to be released.
The receipt of the report was confirmed by a Department spokesman following a report on RTÉ's Prime Time last night.
The random murder of Ms Gargan, who was a nurse, shocked the State in 1982. So far as is known McArthur murdered her in order to steal her car while she was sunbathing in the Phoenix Park, Dublin.
McArthur was also sought in connection with the murder two days later of an Offaly farmer, Mr Donal Dunne. Mr Dunne's family said last night they had confidence in Mr McDowell "and expect he will think long and hard before making a decision relating to McArthur's release or transfer to open prison.We are of the view that this man poses a threat to society and indeed our family".
McArthur was arrested in an apartment belonging to the attorney general at the time, Mr Patrick Connolly, who continued with plans to go on holiday following the arrest but was recalled by the Taoiseach, Mr Charles Haughey. He said later it was obvious to him and the Taoiseach that it was not tenable for him to continue in office and he resigned. In a phrase which passed into the language, Mr Haughey described the affair as "grotesque, unbelievable, bizarre, unprecedented" or GUBU.
McArthur was arrested for the murders of Ms Gargan and Mr Dunne, but in 1983 the director of public prosecutions, Mr Eamonn Barnes, decided not to prosecute him for Mr Dunne's murder because he had pleaded guilty to the murder of Ms Gargan.
Nearly 100,000 people signed a petition unsuccessfully urging the DPP to prosecute McArthur for Mr Dunne's murder. He received a life sentence for killing Ms Gargan.
The Department spokesman said a report had been received from the Parole Board and that the Minister would not be dealing with it as he had been involved in the case. Mr McDowell had asked officials to arrange for another Government Minister to deal with the case.
Government sources said they believed procedures existed for the transfer of responsibility but they could not recall any precedent.
The Parole Board is advisory in nature, with the final decision resting with the Minister.