THE State was given leave in the High Court yesterday to seek to have quashed an order made by the Special Criminal Court in relation to one of 16 prisoners.
Last Thursday, leave was given in relation to orders made in the Special Criminal Court concerning the 16 prisoners. Counsel for the State said the Special Criminal Court was not properly constituted as one of its members, Judge Dominic Lynch, whose office had been terminated, inadvertently continued to sit as a member of the court after that day.
Yesterday, Mr Eamonn Leahy, counsel for the Minister for Justice and the Attorney General, said that when they, came to the High Court last Thursday, the order relating to one of the men, Mr Joseph Kavanagh, had not arrived. He asked that leave be given in the same terms as last Thursday.
Mr Justice Geoghegan gave leave to seek judicial review.