HABEAS corpus applications to free the 16 prisoners who had to be recharged last week are due before the High Court tomorrow.
The Government band particularly the Minister for Justice, Mrs Owen, have been under severe pressure over the failure to implement a decision allowing Judge Dominic Lynch to leave the Special Criminal Court. This has cast doubt on all his judicial decisions and led to the release and rearrest of the prisoners.
Lawyers representing the men are expected to seek to establish that their rearrest, within the perimeter fence of Portlaoise Prison early last Thursday, was invalid.
If the High Court agrees that this was the case, this would be the second time that charges against the men might have to be struck out and they would have to be released again.
Priority is expected to be given to the case of Mr Anthony Duncan, who was due to come to trial next Wednesday on a charge of IRA membership. The uncertainty over the case is likely to mean that his trial will have to be put back.
There has already been controversy over Mr Duncan's case. A warrant for his extradition to England was mishandled and he was released and rearrested. He has now been arrested three times.
There is particular concern about the cases of six men who were charged after August 1st when Judge Lynch was officially delisted from the Special Criminal Court but continued to serve because he had not been informed by the Department of Justice.
The six, Mr Nessan Quinlivan, from Limerick; Mr Patrick Kavanagh, from Donegal; and Mr Hugh Wilkinson, Mr Paul Murray, Mr Bernard O'Hagan and Mr Patrick McCartney, all from Derry, were charged before Judge Lynch within the past month and there is now considerable speculation about whether their charges can be validated.
The other 10 men were charged before Judge Lynch was delisted but appeared before him in the Special Court for remand hearings after he should have moved from, the court.
Lawyers for the men will he attempting to establish that they should be released and charges against them withdrawn.