High Court rejects McCabe case release bids

Two men involved in the robbery that led to the killing of Detective Garda Jerry McCabe have lost their bid to be released from jail under the terms of the Belfast Agreement.

The High Court heard an application last year from Michael O'Neill and John Quinn, who argued that a number of other prisoners whose victims included gardaí and RUC officers have already been freed under the agreement.

The men, who are among five men serving sentences for their roles in the manslaughter, claim they have been discriminated against and should not still be in prison. They were jailed in 1999.

The State had argued last November the men were not entitled for early release as they had not been convicted of membership of an illegal organisation.

In a 40-page reserved judgment, Mr Justice Peart refused theapplication, noting that he found there were no individual rights conferred on the menby the Belfast Agreement.

O'Neill is serving an 11-year sentence for the manslaughter of Det Garda McCabe and concurrent terms for wounding another officer and possessing firearms. Quinn was jailed for six years for conspiracy to commit a robbery of a post office van in Adare, Co Limerick, in June 1996.

Det Garda McCabe (52) died when 15 bullets were fired from a Kalashnikov assault rifle after a gang of raiders rammed an unmarked Garda patrol car that was escorting a post office van delivering £80,000 to local post offices. His colleague Detective Garda Ben O'Sullivan was seriously injured.

Pearse McCauley (34), from Strabane, Co Tyrone, and three Co Limerick men - Jeremiah Sheehy (38), of Abbey Park, Rathkeale; and Michael O'Neill (47) and Kevin Walsh (42), both of Lisheen Park, Patrickswell - were jailed in 1999 for the manslaughter of Det Garda McCabe. They received sentences ranging from 11 to 14 years.

They also pleaded guilty to maliciously wounding Det Garda O'Sullivan and to having firearms with intent to commit a robbery.

They had originally been charged with capital murder, but the Special Criminal Court heard there was not enough evidence to establish the criminal intent necessary for a murder conviction. Two other people are still being sought in connection with the case.

Speaking after the case, Mr Martin Ferris Sinn Féin's Kerry North TD, accused the Government of acting in violation of the Agreement and said the pair may take their case to the Supreme Court.

The Belfast Agreement was enacted on July 13th, 1998, and envisaged a two-year period for release of prisoners expiring in July 2000. Over 50 prisoners in the Republic and 450 in Northern Ireland have been released to date.