Lawyers for Malcolm Macarthur are studying State arguments for keeping him behind bars, the High Court heard today.
Macarthur was jailed for life in 1982 for the murder of nurse Bridie Gargan (27) in the Phoenix Park. The State withdrew charges against him in relation to a second murder of Co Offaly farmer Donal Dunne.
Lawyers for Macarthur today brought an application before the High Court seeking to compel the State to outline its reasons for refusing his release, in line with parole board recommendations.
The High Court application was struck out today after Mr Justice Feeney heard the State handed over its case to Macarthur's lawyers on Friday.
Macarthur, who was moved to Shelton Abbey open prison in 2004, is now in his 24th year of imprisonment, and is one the longest-serving prisoners in the State.
In 2004 he initiated legal proceedings to have the courts direct the Government to order his release in line with a recommendation of the parole board.
Two years earlier the parole board had recommended that Macarthur should be moved to Shelton Abbey open prison to assess his suitability to be released. This recommendation was perceived as a prelude to his eventual release.
The Government has not acted in relation to his release, although he was allowed out of prison for a short period last Christmas.
It is understood the main thrust of the State's argument against releasing Macarthur is that the Government has the right to determine the length of a life sentence in individual cases.
Macarthur's lawyers dispute this and are expected to seek a judicial review, ordering the advice of the parole board be heeded.
Minister for Defence Willie O'Dea has assumed responsibility for Macarthur's imprisonment, because Minister for Justice Michael McDowell was involved in the original trial.
Macarthur pleaded guilty to the murder of Ms Gargan (27) as she was sunbathing in the Phoenix Park in July 1982.
It appeared that Macarthur had sought to steal her car. Three days later farmer Donal Dunne, who had advertised a shotgun for sale, was murdered in Co Offaly.
Macarthur was acquainted with Patrick Connolly, the then attorney general. He arrived unannounced at Mr Connolly's apartment in Dalkey several days after the murders and was invited to stay.
The following week, gardaí, acting on information about the suspicious behaviour of a man wearing heavy clothes ill-suited to the weather, put the attorney general's apartment under surveillance. They moved in after they saw Macarthur look out the window.
Macarthur's trial also generated huge controversy. After he pleaded guilty to the murder of Ms Gargan and received the mandatory life sentence, the DPP withdrew charges in relation to the murder of Mr Dunne. A petition seeking his trial for the murder of Mr Dunne was unsuccessful.