EVENTS which led to the discovery last November that 16 high security prisoners were in unlawful custody were "a chapter of accidents", the State claimed in the High Court yesterday.
Mr Sean Ryan SC, for the State, was making closing submissions in proceedings brought on behalf of five prisoners who claim they are illegally detained. Mr Justice Kelly reserved judgment.
The five men are among 16 prisoners whom, the State claims, were released from three prisons on the night of November 6/7th last year when it was discovered they had appeared before a Special Criminal Court sitting on October 15th last.
That court had included Judge Dominic Lynch, who was not a member at the time. Following their rearrest, the 16 prisoners were charged with the original offences.
The five are: Mr Joseph Kavanagh (37), of Benbulben Road, Crumlin, Dublin; Brixton prison escaper Nessan Quinlivan (31), of Ballynanty Beg, Limerick; Mr Anthony Duncan (26), of Kippure Park, Finglas, Dublin; Mr John Conaty (35), of Balbutcher Park, Ballymun, Dublin and Mr Michael O'Neill, Patrickswell, Co Limerick.
Mr Ryan told Mr Justice Kelly that the "chapter of accidents" was ultimately identified and urgently acted upon. The Minister for Justice had said the prisoners were to be released from the custody of the prison governors. It did not matter whether that release happened an inch or a foot inside or outside the prisons.
To argue that some appreciable liberty should be granted was like arguing that people had to be given "a sporting chance", Mr Ryan said.
Mr Ryan said that there had been a valid arrest by gardai of the prisoners and the prisoners were lawfully before the Special Criminal Court the following morning.
Dr Michael Forde SC, in his submissions on behalf of the five men, said the best that could be said about the affair was that there had been massive incompetence.