Two men jailed for the manslaughter of Detective Garda Jerry McCabe are to bring High Court proceedings over the Government's continuing refusal to release them under the Belfast Agreement.
Pearse McAuley and Jeremiah Sheehy claim the Government decision breaches the European Convention on Human Rights.
Detective Garda Jerry McCabe, who was shot dead in Adare, Co Limerick in 1996
Mr Patrick Gageby SC, for the two men, today sought an adjournment of the men's judicial review proceedings in order to bring a motion amending their claim so as to include arguments that the failure to release them breaches their rights under the ECHR.
Mr Gageby said the men's case would now rest almost entirely on arguments under the Convention.
The Supreme Court, in decisions last April and January, dismissed applications for the release of two other men under the Belfast Agreement.
Michael O'Neill and John Quinn were also jailed in connection with the attempted post office robbery at Adare Co Limerick in June 1996 during which Det McCabe was killed and Det Garda Ben O'Sullivan was injured.
The arguments raised in the cases of O'Neill and Quinn were almost identical to those which his clients had intended to raise, Mr Gageby said. There were some small distinguishing features.
Mr Justice Quirke agreed to the course proposed and adjourned the matter to July 28th.
On February 9th, 1999, McCauley, originally from Strabane, Co Tyrone, and Sheehy, from Limerick, were jailed for 14 years and 12 years respectively after pleading guilty at the Special Criminal Court to the manslaughter of Det Garda McCabe.