FIVE high security prisoners yesterday lost their High Court claim that there had been a deliberate abuse of the way they were arrested by State agencies.
They were among 16 people who were released from three prisons on the night of November 6th/7th last year, when it was discovered they had appeared before a Special Criminal Court sitting on October 15th last.
The three judge court had included Circuit Court Judge Dominick Lynch, who at the time was not a member of the court. Judge Lynch had earlier asked to be replaced and was removed last August but was not informed of the decision.
The five prisoners were rearrested and charged with the original offences for which they were detained.
They claimed that they were not properly released, and were therefore illegally detained by the State.
The five are: Mr Joseph Kavanagh (37), of Benbulben Road, Crumlin, Dublin, who faces charges connected with the kidnapping of a former National Irish Bank chief executive; Brixton prison escaper, Mr Nessan Quinlivan (31), of Ballynanty Beg, Limerick; Mr Anthony Duncan (26), of Kippure Park, Finglas, Dublin, charged with IRA membership; Mr John Conaty (35), of Balbutcher Park, Ballymun, Dublin, charged with having mortar bombs; and Mr Michael O'Neill, Patrickswell, Co Limerick, charged with IRA membership and possession of a firearm.