Two men serving prison sentences for the manslaughter of Det Garda Jerry McCabe are to bring High Court proceedings claiming the Government's continuing refusal to release them under the Belfast Agreement breaches the European Convention on Human Rights.
Mr Patrick Gageby SC, for Pearse McAuley and Jeremiah Sheehy, yesterday sought an adjournment of their judicial review proceedings to bring a motion amending their claim so as to include arguments that the failure to release them breaches their rights under the convention.
Mr Gageby said the men had been unable to advance the convention arguments when they were initially granted leave to take their proceedings because at that stage, January 2002, the Government had failed to incorporate the convention into domestic law. It had been incorporated earlier this year and his side now wished to raise issues under that.
Mr Gageby said the men's case would now rest almost entirely on arguments under the convention. This was because the Supreme Court, in decisions last April and January, had dismissed applications for the release of two other men under the Belfast Agreement.
Michael O'Neill and John Quinn were also jailed in connection with the attempted post office robbery at Adare, Co Limerick, in June 1996 during which Det Garda McCabe was killed and Det Garda Ben O'Sullivan was injured.
The arguments raised in the cases of O'Neill and Quinn were almost identical to those which his clients had intended to raise, Mr Gageby said.
Mr Michael P. O'Higgins, for the State, said he had no objection.
Mr Justice Quirke agreed to the course proposed and adjourned to July 28th.
On February 9th, 1999, McAuley, originally from Strabane, Co Tyrone, and Sheehy, from Limerick, were jailed for 14 years and 12 years respectively after pleading guilty at the Special Criminal Court to the manslaughter of Det Garda McCabe.
Kevin Walsh (45), Patrickswell, Co Limerick, also got a 14-year jail term and O'Neill was jailed for 11 years. Quinn pleaded guilty to conspiring to commit robbery and was jailed for six years.
In their judicial review proceedings, McAuley and Sheehy are seeking to overturn a Government decision that they are not entitled to be considered as qualifying prisoners under the terms of the Belfast Agreement and the Criminal Justice (Release of Prisoners) Act 1998.