A HIGH Court judge has ruled that a prisoner, released and rear rested after confusion about the delisting of Judge Dominic Lynch from the Special Criminal Court last year, is in lawful custody.
Mr Justice Kelly yesterday refused an application by Mr Michael Cully for an order of habeas corpus directing his release from custody. The judge also refused to grant an order rest raining the Special Criminal Court from hearing his trial.
Mr Cully (46), of Ballyfarrell, Clonaslee, Co Laois, is charged with having explosives with intent to endanger life at his farm last June 20th.
Mr Cully was one of 16 prisoners freed and then rearrested alter it became clear that Judge Lynch had continued to sit on the Special Criminal Court unaware that he had been delisted by the Government.
Mr Justice Kelly said the authorities believed that 15 prisoners in Portlaoise, Limerick and Mountjoy jails had been remanded invalidly by a court on which Judge Lynch sat.
The authorities had released and then rearrested the 15 prisoners last November 6th, but they did not become became aware of a 16th prisoner - Mr Cully - until next day.
Mr Cully was released from Portlaoise Prison on November 7th and arrested by Det Sgt Patrick Sears under common law outside the main gate. The judge ruled that, although Mr Cully was arrested on prison property, he had been released from custody and the arrest was lawful.
Mr Justice Kelly also rejected submissions on behalf of Mr Cully that his constitutional rights had been deliberately and consciously violated.
The judge said he was satisfied that, while Mr Cully ought to have been released at the same time as the other prisoners, the failure to do so was through inadvertence and not deliberate or conscious and Mr Cully's right to liberty was vindicated.
The judge therefore turned down Mr Cully's application and ruled he was in lawful custody.