Minister's lawyers file papers opposing action by O'Hare

Lawyers for the Minister for Justice have filed a lengthy statement of opposition to an attempt by Dessie O'Hare to secure his immediate release from prison.

A statement of opposition to O'Hare's judicial review proceedings was filed yesterday afternoon, some three weeks after the Minister was accused of "obfuscating" and "sidetracking" in his dealing with this second High Court bid by O'Hare, initiated in March, for his release.

Following delivery of the opposition papers, Antoinette Simon, for O'Hare, said she needed time to consider them and the case was adjourned for mention for a week. Ms Simon had earlier told Mr Justice Diarmuid O'Donovan there was "a net issue" in the case but her side had been waiting since March last for the Minister's response.

Her side was very anxious for an early hearing date, counsel added.

Micheál P O'Higgins, for the Minister, said the opposition documents would be filed by yesterday afternoon. His side had complained that certain matters, which perhaps should have been put before the High Court in O'Hare's papers when leave to bring this challenge was being sought, were not put, counsel added.

O'Hare is serving a 40-year sentence in connection with the kidnapping of dentist John O'Grady and claims he is entitled to be freed under the terms of the Belfast Agreement. He is currently on extended temporary release.

The present action is O'Hare's second legal challenge to his continued imprisonment. He claims a legitimate expectation that he would have been released by November 2000, when he was declared a qualifying prisoner under the terms of the Belfast Agreement or, at the latest by July 2003, when the Minister for Justice had indicated an appropriate pre-release programme would be put in place for him.

In April last, Mr Justice John MacMenamin granted leave to O'Hare to bring proceedings in which O'Hare is seeking various orders and declarations, including one that his detention is unlawful and an order that he be released from prison "forthwith".