A High Court judge yesterday ruled that a man jailed for life for murder must take another legal route in challenging the law requiring judges to impose a life sentence for murder.
Peter Whelan (20) claims that the mandatory life sentence for murder is in breach both of provisions of the Constitution and of the European Convention of Human Rights.
Whelan, of Ashgrove, Underwood, Rochestown, Cork, was sentenced to life imprisonment in December 2002 for the murder of Ms Nicola Sweeney (20), a student, at her home in Underwood House, Rochestown, in April 2002. He received an additional 15-year sentence for the attempted murder of Ms Sinead O'Leary, a student friend, on the same night. In May 2003, the Court of Criminal Appeal ruled that he must serve the 15-year sentence prior to beginning the life sentence.
Whelan's lawyers say that the effects of the reversal of the sentencing structure are unknown and it is uncertain when Whelan will be able to apply to the Parole Board for early or temporary release on licence.
Ms Sweeney's parents were in the High Court yesterday and Mr John Sweeney told Mr Justice Quirke they were anxious that Whelan's proceedings were overruled. The judge said that the parents could consult with a State solicitor about the matter if they did not have a solicitor. He said they would be well advised to seek some legal assistance.
Whelan had secured leave from Mr Justice de Valera in the High Court last January to challenge the mandatory requirement in judicial review proceedings.
However, Mr Justice Quirke said yesterday he did not consider it appropriate to take constitutional challenges in judicial review proceedings. He directed that the case be dealt with by way of plenary summons, with a statement of claim to be delivered within two weeks.
Evidence was given in the Central Criminal Court that Nicola Sweeney and Sinead O'Leary were in Ms Sweeney's house preparing to go out at about 11 p.m. on April 27th 2002 when Whelan broke in and knocked Ms O'Leary to the ground, kicking and punching her.
She screamed for help from Ms Sweeney. Whelan stabbed Ms O'Leary several times. He then left her. She ran downstairs and locked herself in a bathroom. A short time later she went back upstairs and found Ms Sweeney on the floor unconscious with multiple stab wounds
In his High Court proceedings Whelan claims that Section 2 of the Criminal Justice Act 1990, which leaves judges no choice but to impose a mandatory life sentence in murder cases, is in breach of articles of the Constitution and is indeterminate, disproportionate and arbitrary, contrary to provisions of the European Convention of Human Rights.
The family of Ms Sweeney have established a foundation to lobby the Minister for Justice, Mr McDowell, to ensure people convicted of murder serve a life term.