A young Dublin man jailed for eight years for the fatal stabbing of a teenager wants to know if he is entitled to a one-third remission, the High Court has heard. Finn Colclough (23) was jailed for the manslaughter of Seán Nolan (18) outside Colclough’s home at Waterloo Road, Ballsbridge, Dublin, more than seven years ago.
Mr Nolan had been celebrating his school graduation when he and friends stopped outside Colclough’s house. Colclough, who was also celebrating that night, came out brandishing kitchen knives and Mr Nolan was stabbed to death.
In High Court proceedings against the Minister for Justice, Colclough wants an order compelling the Minister to decide whether he qualifies for a one-third remission of his sentence. If he is entitled to that, he is entitled to immediate release from Shelton Abbey, Co Wicklow, where he is detained.
Colclough claims that under the 2007 Prison Rules, he is entitled to be released with a third of his sentence left to serve. His lawyers say that he qualifies because he has been of good behaviour, he availed of all structured activities and he took a number of courses available to him since his incarceration.
Over the last few months, his lawyers have written several times to the Minister but with no response, the court was told. Should the Minister refuse his application and deem him entitled to a one-quarter remission generally given to prisoners of good behaviour, he is due for release in October. Leave to bring the action was granted by Mr Justice Michael Peart who adjourned to early July.
Colclough was convicted of the manslaughter of Mr Nolan on May 26th, 2007. Colclough, who was also a teenager at the time, was charged with murder but was found guilty of manslaughter. He was sentenced to 10 years imprisonment by Mr Justice Paul Carney. The Court of Criminal Appeal later reduced that sentence by suspending the final two years.