A Garda Chief Superintendent had expressed his belief that Michael O'Neill, one of four men jailed for the mansalughter of Det Garda Jerry McCabe at Adare, Co Limerick, in 1996, was a member of the IRA, the High Court was told today.
O'Neill and another man, John Quinn, who is serving a six year sentence for conspiracy to commit a robbery at Adare, have applied to the court for declarations that they are entitled to be released under the provisions of the Belfast Agreement.
The judicial review proceedings opened today before Mr Justice Peart and continue today.
O'Neill, an unemployed general operative, now detained at Castlerea Prison was convicted in February 1999 of the manslaughter of Det McCabe, the malicious wounding of Det Garda Ben O'Sullivan and possession of firearms for the purpose of robbery at Adare on June 7th 1996. He was sentenced to 11 years imprisonment and two concurrent terms of five years respectively.
Quinn, a carpenter and joiner, also detained at Castlerea, was convicted in February 1999 of conspiracy to commit a robbery at Adare in June 1996. He was sentenced to six years imprisonment.
Opening the case yesterday, Mr Michael Forde SC, or both men, said a Garda Chief Superintendent had stated in a book of evidence in January 1999 that he believed O'Neill was a member of the IRA. Each of the applicants for release had been charged with membership of the IRA at their trials in 1999 but the charges had been withdrawn, counsel added.
He said it was the case of the Minister for Justice and the Government that his clients did not come within the ambit of the Belfast Agreement.
However, counsel argued, it was perverse to suggest that his clients did not qualify under the terms of the Agreement. It was also the worst kind of discrimination when no explanation was given why they were turned down for accelerated released.
In February 1999 the then Minister for Justice, Mr John O'Donoghue, had stated in response to questions concerning the release of the men: "How often do I have to say No?", Mr Forde said.
Dr Forde said the State's case was that the refusal was an entirely political decision in which the courts had no say whatsoever. It was perverse to say his clients did not qualify under the Agreement particularly when the other side did not furnish any reason why they failed to qualify.
The court was also told other comparable prisoners whose victims included members of the gardai and of the RUC had been freed under the terms of the Agreement.
In an affidavit, Mr Michael Farrell, solicitor for the two applicants, said both men had received only short periods of temporary release of a few days each. He had been informed by both men they were not affiliated to any organisation which had not established or was not maintaining a complete and unequivocal ceasefire.
The Belfast Agreement was enacted on July 13th, 1998 and envisaged a two year period for release of prisoners expiring on July 2000, Mr Farrell added. About 57 prisoners in the State and 444 in Northern Ireland had been released to date under the Agreement.