The courts cannot decide or interfere with government policy in relation to the early release of prisoners, lawyers for the State argued at the High Court yesterday.
The State is opposing an application by two men, one of whom is serving a sentence for the manslaughter of Det Garda Jerry McCabe in Adare, Co Limerick, in 1996, for a declaration that they are entitled to early release under the provisions of the Belfast Agreement.
The two hearing before Mr Justcie Peart concluded today and judgment was reserved.
Michael O'Neill, an unemployed general operative detained at Castlerea Prison, was convicted in February 1999 of the manslaughter of Det McCabe, the malicious wounding of Det Garda Ben O'Sullivan and possession of firearms for the purpose of a robbery at Adare on June 7th 1996. He was jailed for a total of 11 years.
John Quinn, a carpenter and joiner, also detained at Castlerea, was convicted in February 1999 of conspiracy to commit a robbery at Adare in June 1996 and was sentenced to six years imprisonment.
They are contending that the Belfast Agreement of July 13th, 1998 provides for a two year period of release for prisoners expiring in July 2000.
Yesterday, Mr Sean Ryan SC said the court could not decide government policy in relation to the early release of prisoners. The court could not intervene to say: "You can't say that. We will fix the policy."
He argued the matter involved the fundamental question of the separation of powers and the distinction between the legislature, executive and judiciary.
Counsel said the Minister bore the responsibility of letting somebody out of prison. If anything went wrong, it went back to the Minister.
A Constitutional provision stipulated there was no right to commutation or remission and there could not be as it would fly in the face of the sentences imposed by the courts. Not alone was there not a right, but there was no right to have an application considered, Mr Ryan said.
Mr Ryan said the 1998 Release of Prisoners Act did not create the powers of release contended for by the applicants. The SupremeCourt had also rejected the claim to a right of release under the agreement, he said.
He added that the Minister for Justice had to take into account the seriousness of the offence and whether there was a need to protect the community. The applicants could not argue that, because Prisoner A was released, Prisoner B should also be released.
Mr Michael Forde SC, for the applicants, has argued that about 57 prisoners in the State and 444 in Northern Ireland have been released to date under the Belfast Agreement and that his clients are entitled to similar treatment.