Dessie O'Hare, jailed for 40 years in 1987 for the kidnapping of dentist Mr John O'Grady, has failed in his High Court application for freedom under the Belfast Agreement.
Mr Justice O Caoimh, in a reserved judgment, yesterday refused O'Hare's application to direct the Minister for Justice to set him free under the prisoners early release scheme attached to the peace initiative.
Mr Justice O Caoimh said O'Hare had been involved with the republican movement since the early 1970s, latterly with the Irish National Liberation Army.
He was sentenced to 40 years by the Special Criminal Court in 1987 for Mr O'Grady's kidnapping. He had claimed to be the officer commanding in the Port laoise prison wing reserved for the INLA which was on a recognised ceasefire, which he totally supported. As a result of this, he claimed he should benefit from the programme of accelerated release in that he was serving a sentence for offences similar to scheduled offences in Northern Ireland and said three co-accused had already been released under the scheme.
In November 2000 the Minister had referred O'Hare's case to the Release of Prisoners Commission for its advice and a month later had specified O'Hare to be a qualifying prisoner under the scheme.
Mr Justice O Caoimh said the scheme also stated that any qualifying prisoner who was still in custody two years after the start of the scheme would be released at that point but he held that the intention was "should the circumstances allow it".
The Minister had asked the Release of Prisoners Commission to advise him with respect to the possible release of O'Hare and it had sought further advice in the form of psychiatric, psychological and security reports.
Mr Justice O Caoimh said the Minister and the commission had acted properly under the 1998 Release of Prisoners Act. It was clear that the psychiatric and security advice it sought could be of assistance in determining whether a particular prisoner should be released having regard to the necessity to protect the community.
Mr Justice O Caoimh held that O'Hare had failed to demonstrate that the Minister had not had regard to relevant provisions of the Belfast Agreement in his approach to his request for an early release.
An unfortunate aspect was the failure on the part of the Minister to acquaint O'Hare's solicitor, Mr Leo Morrison, of the progress of matters.