Release followed review of case by trial judge

Kenneth Byrne was released from his 10-year sentence on January 19th following a review of his case at Dublin Circuit Criminal Court.

Judge Elizabeth Dunne, who in 2000 imposed the 10-year sentence from which he was freed, suspended the remainder of the term and bound Byrne over to the peace for 30 months.

His release was subject to a number of other conditions. These included making himself available to the probation and welfare services and attending treatment for his drug dependency. He was also obliged to accept any training or employment that became available.

The practice of judges reviewing cases and releasing prisoners in that manner was ruled unconstitutional by the Supreme Court in November 2000 and has been discontinued.

The ruling gave the Minister for Justice sole discretion on the early release of inmates. However, that Supreme Court ruling was not retrospective. It meant any sentence imposed before November 2000, including Byrne's, could still be reviewed and reduced by the sentencing judge.

The matter came before the Supreme Court when the DPP appealed the early release by the Central Criminal Court of a Sligo man sentenced to six years for rape and assault, but freed midway through his sentence.