Legal challenges to 14 rearrests held over to next week

INQUIRIES into the continued detention of 14 men who had to be recharged in the Judge Dominic Lynch controversy have been adjourned until next Monday.

At a hearing of the High Court yesterday, Judge Peter Kelly granted orders for discovery from the governors of Portlaoise, Mountjoy and Limerick prisons of all documents relating to the release and rearrest of the prisoners two weeks ago.

At the request of counsel for the applicants, he gave orders that the Minister for Justice, the Attorney General, and the Garda Commissioner be joined to the proceedings in 10 of the cases. He also agreed to a request by counsel for the Director of Public Prosecutions that the DPP should be joined to the proceedings in all cases.

The judge gave the Minister and the Garda Commissioner until Friday to say if they can furnish documents in time for the adjourned hearings.

The legal challenges arise from the release and rearrest of the men on the night of November 6th and early hours of November 7th. The releases were necessitated by the discovery that Judge Lynch had continued to sit in the Special Criminal Court for three months after the Government accepted his resignation, because the Department of Justice had not notified him of the decision.

The men who appeared before the court yesterday were: Mr Anthony Duncan (26), Kippure Park, Finglas, Dublin; Mr Nessan Quinlivan (31), Knockalisheen Avenue, Ballynanty Beg, Limerick; Mr Joseph Kavanagh (37), Benbulben Road, Crumlin, Dublin; Mr John Conaty (35) Balbutcher Park, Ballymun, Dublin; Mr Michael Hegarty (43), Knockmore Grove, Tallaght, Co Dublin; Mr Michael O'Neill (45), Lisheen Park, Patrickswell, Co Limerick; Mr Bernard O'Hagan (35), Hatmore Park, Derry; Mr Hugh Wilkinson (44), Dunmore Gardens, Derry; Mr Gerard McCarthy (45), Glenowen Park, Derry; Mr Patrick Kavanagh (33), Chamberlain Street, Derry; Mr Paul Murray (24), College Glen, Derry; Mr Brian McNally (54), Knocksinna Park, Foxrock, Dublin; Mr Gabriel Cleary (52), Friarstown, Tallaght, Dublin; and Mr Jeremiah Sheehy (36), Abbey Park Rathkeale, Co Limerick.

Counsel for Mr Quinlivan, Mr Conaty, Mr Hegarty and Mr Kavanagh were granted leave to apply for bail on Friday. Applications to have the Minister, Attorney General and Garda Commissioner joined in their cases were also adjourned.