The Supreme Court yesterday reserved judgment in an appeal by Brixton prison escaper Nessan Quinlivan against a High Court decision relating to last year's controversy over the de-listing of a judge from the Special Criminal Court.
Quinlivan (31), from Ballynanty Beg, Limerick, was one of several prisoners freed and re-arrested on November 6th and 7th, 1996, when it was discovered they had appeared before a Special Criminal Court which included Judge Dominic Lynch.
Judge Lynch had requested to be replaced in the Special Criminal Court and was removed in August 1996. But he was not informed of the decision and continued to sit as a member of that court until October 28th, 1996.
After their release last year, the prisoners were re-arrested and brought before a properly constituted Special Criminal Court.
Several of the prisoners later took High Court proceedings alleging they were unlawfully detained but the court ruled against them.
Quinlivan's appeal to the Supreme Court is being taken as a test case for several prisoners who lost in the High Court.
Quinlivan is charged with unlawfully imprisoning Mr Michael Lyons at Greenhill Road, Garryowen, Limerick, on August 25th, 1996. He is also wanted by British police.
Yesterday's appeal was heard by the Chief Justice, Mr Justice Hamilton, Mr Justice O'Flaherty, Mr Justice Barrington, Mr Justice Keane and Mr Justice Barron.