Two of the killers of Det Garda Jerry McCabe were ordered by the High Court yesterday to pay the costs of their unsuccessful legal action aimed at securing their early release from prison.
Mr Justice Daniel Herbert ruled that Pearse McCauley (40), originally from Strabane, Co Tyrone, and Jeremiah Sheehy (45), from Limerick, must pay the costs of their legal challenge to the Minister for Justice's decision not to release them under the terms of the Belfast Agreement.
The normal rule on costs was that they go to the winning side, the judge indicated. It was only in exceptional circumstances that rule would not apply and this case was "not sufficiently wide enough" to be exceptional.
Rejecting the men's challenge last December, Mr Justice Herbert said it was "wholly legitimate" for the Minister for Justice and the Government to require that those convicted of the unlawful killing of Det Garda McCabe should, as punishment for "the unique and shocking nature of the crime", serve the sentences imposed on them.
He rejected arguments by McCauley and Sheehy that they should be released because they were "qualifying prisoners" under the Belfast Agreement and ruled there was "no unjustifiable discrimination" between the two men and others who had been freed under the agreement.
McCauley and Sheehy were jailed for 14 years and 12 years respectively in 1999 after pleading guilty to manslaughter.