The early release scheme of prisoners under the Belfast Agreement will come under scrutiny in the High Court tomorrow when former INLA prisoner Dessie O'Hare challenges the decision that he is not eligible.
The case will have implications for other prisoners who have been deemed ineligible for release, including those who killed Garda Jerry McCabe. O'Hare is serving a 40-year sentence for the kidnapping of Mr John O'Grady in 1987. He is taking judicial review proceedings challenging the decision of the Minister for Justice, Mr O'Donoghue, not to release him. Prisoners who are members of the INLA are eligible for release as the INLA announced a ceasefire following the agreement. However, O'Hare is no longer a member of the INLA, and is with another group of prisoners in Portlaoise prison, including those associated with the "Real IRA" and the Continuity IRA, who, because they have not accepted the agreement and are not on ceasefire, are considered not eligible.
Garda Jerry McCabe's killers are members of the Provisional IRA. Members of this organisation convicted of offences before the ceasefire are eligible, but the Government has refused to consider the release of the McCabe killers, as he was killed while the IRA was not on ceasefire.
It is understood they too may legally challenge the decision.