A prisoner involved in the controversy over the composition of a Special Criminal Court yesterday failed in his High Court claim that he was unlawfully detained in Limerick Prison.
Mr Michael Hegarty (43), a native of Co Clare and a former member of the Republican Sinn Fein ardchomairle, was the first of 16 high security prisoners to challenge the lawfulness of their detention. He was freed along with the other prisoners last November on the orders of the Minister for Justice, Mrs Owen.
Their release came after it was discovered they had all been remanded by a Special Criminal Court on October 15th last which included Judge Dominic Lynch of the Circuit Court who at the time was no longer a member of the court.
Following their release all 16 were re arrested and brought before a properly constituted Special Criminal Court and re charged.
Mr Hegarty, with an address at Knockmore Grove, Tallaght, Co Dublin, was charged with unlawful possession of an explosive substance with intent to endanger life at Longfield, Etra, Carrickmacross, Co Monaghan, on November 10th, 1995.
He claimed he had been taken from his cell shortly after midnight on November 7th last and brought to the prison gates where he was handed over to gardai. He claimed he was never a free person.
Mr Justice Geoghegan, giving the decision of the divisional court, said Mr Hegarty's re arrest was neither unlawful nor unconstitutional. The court was satisfied he was being detained in accordance with law.
The court did not accept a claim on behalf of Mr Hegarty that coordination of plans between the Department of Justice, the DPP, the Garda and the governor of Limerick Prison should be regarded as an agreement sufficient to form the ingredient of a conspiracy.
Mr Justice Geoghegan said it was true there was a passing of information and an element of cooperation with a view to each carrying out their lawful functions, but that was far removed from an agreement to deprive Mr Hegarty of his constitutional rights.