THE Attorney General, Mr Dermot Gleeson SC, was subpoenaed to appear before the High Court yesterday in a case in which the Brixton prison escaper, Nessan Quinlivan, is among five high security prisoners who claim they were illegally detained by the State.
Mr Sean Ryan SC, for the State, told Mr Justice Kelly he had been instructed to inform the court that if there was relevant evidence that Mr Gleeson could give, which was not excluded by privilege, then he was willing to come to court.
But Mr Ryan contended there was no relevant evidence that would not be privileged.
The five men seeking release were among 16 prisoners in three Irish jails who became involved in a controversy over the composition of the Special Criminal Court.
The prisoners had been freed when it was discovered they had appeared before a Special Criminal Court sitting on October 15th last, which included Judge Dominic Lynch who was not at the time a member of that court. Judge Lynch had asked to be replaced and was removed in August last year but was never informed.
The 16 prisoners were rearrested on the same night as the Minister for Justice ordered their release in November 1996. They were brought before another Special Criminal Court sitting and charged with the original offences.
Quinlivan (31), of Knockalisheen Avenue, Ballynanty Beg, Limerick, who is granted by British police is charged with falsely imprisoning Mr Michael Lyons at Greenhill Road, Garryowen, Limerick, on August 25th last year.
The other four men challenging the legality of their detention are: Mr Anthony Duncan (26), unemployed, from Kippure Park, Finglas, who was charged with IRA membership on April 12th, 1996; Mr John Conaty (35), of Balbutcher Park, Ballymun, Dublin who was charged with having improvised mortar bombs at, Ballyfarrell, Clonaslee, Co Laois on June 20th last; Mr Michael O'Neill, of Lisheen Park, Patrickswell, Co Limerick, who faced charges, resulting from the investigation into the murder of Det Garda Jerry McCabe in Adare last June. He was charged with IRA membership on June 18th last and with possession of a firearm with intent to endanger life at Adare, Co Limerick, on June 7th, last and Mr Joseph Kavanagh (37), of Benbulben road, Crumlin, Dublin, who faced seven charges connected with the kidnapping of former National Irish Bank chief executive, Mr Jim Lacey, on November 2nd, 1993.
Before their actions began, Mr Justice Kelly reserved his decisions in similar applications brought on behalf of three other prisoners.
Mr Ryan said the Attorney General's primary function was as legal adviser to the Government; Information which he received and on which he based his advice would be privileged. The Attorney General had no relevant evidence, to give to the court.
Mr Felix McEnroy, counsel for Mr Duncan, said there was no evidence from the State on which the court could adjudicate whether or not there was relevant evidence which could be given by the Attorney General.
Mr McEnroy said the Attorney General had already made himself available to a non statutory inquiry set up by the Minister for Justice.
Central to the report of that inquiry and clearly tied up with the application before the court was the role of the Attorney General.
The hearing continues today.