Gallagher failed to persuade courts to release him

Four years ago, when John Gallagher's long-running legal battle to be released from the Central Mental Hospital was rejected …

Four years ago, when John Gallagher's long-running legal battle to be released from the Central Mental Hospital was rejected by the High Court, he told reporters: "I've been at this a long time, but I'll have to go another day yet."

That day has come sooner than expected for the Co Donegal relatives of the two women he shot dead - his former girlfriend, Anne Gillespie (18), and her mother, Annie.

Gallagher (33), from Lifford, Co Donegal, had been in the Central Mental Hospital for 11 years since he was found to be guilty but insane of the double murder. The victims' relatives never accepted the jury's verdict and have repeatedly opposed his release.

For the past five years, Gallagher has been on a phased rehabilitation programme, living in a hostel in the hospital grounds and working a normal job.

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The post office van driver was 22 when he murdered his then girlfriend of three years. Their relationship had been stormy; he was possessive and did not get on well with her family. Anne had told relatives she was afraid of him and complained to gardai that he raped her.

She told him she wanted to end the relationship. He objected, but she persisted. Then, on September 18th 1988, Gallagher shot her and her mother with a .22 rifle outside Sligo General Hospital.

He admitted killing the women, but pleaded that he was insane at the time. Conflicting psychiatric evidence was heard at his trial in the Central Criminal Court. By a 10-2 majority, the jury found him guilty but insane in July 1989. Later that year he initiated the first in a series of fruitless appeals for his release, claiming he had recovered his sanity.

In December 1990 Mr Justice Johnson ruled that Gallagher should continue to be detained in the Central Mental Hospital "until the pleasure of the Government of Ireland is known". This decision was appealed by the government to the Supreme Court, which ruled in 1991 that it was indeed a decision for the government.

That same year, Gallagher was back in court demanding that the government inquire into his detention in Dundrum. A three-member committee was set up, which recommended that his continued detention was in both the public and private interest.

Two years later, Gallagher returned to court, seeking a judicial review of the committee's recommendation. A second committee was set up. That found that he was still suffering from a personality disorder, but that he was progressing. It did not recommend his release.

Gallagher continued his legal actions. In February 1995, the High Court reiterated the view that this was for the government to decide. In April that year it emerged that the Inspector of Mental Hospitals had submitted a report to the Minister for Justice, stating that he considered Gallagher to be no longer insane. This report was later withdrawn.

Then, in April 1996, Gallagher returned to the High Court to seek release on the ground that his continued detention was illegal. At a preliminary hearing the court was told that the Central Mental Hospital's clinical director, Dr Charles Smith, had advised that he could not justify Gallagher's continued detention on the grounds of his "imminent dangerousness".

However, during the full inquiry in July, Dr Smith told the court under questioning that he accepted that Gallagher's mental disorder gave rise to a risk of "dangerousness" in the future.

Anne Gillespie's uncle, Patrick Maguire, who had been with her when she and her mother were shot, said at the time of that court hearing that he feared for the lives of his family if Gallagher was granted release.