A HIGH-security prisoner in Mountjoy Prison claimed in the High Court yesterday that he was told he was being released but not to bother taking his property as he would be re-arrested.
Mr Joseph Kavanagh (37), of Benbulben Road, Crumlin, who faces charges connected with the kidnapping of a former National Irish Bank chief executive, was giving evidence in proceedings in which he and other prisoners claim they are illegally detained.
The hearing, before Mr Justice Kelly, concerns five men out of 16 prisoners in three jails who became involved in the controversy over the composition of the Special Criminal Court.
The other prisoners include the Brixton prison escaper, Mr Nessan Quinlivan (31), of Ballynanty Beg, Limerick; Mr Anthony Duncan (26), unemployed, Kippure Park, Finglas, Dublin, who was charged with IRA membership on April 12th, 1996; and Mr John Conaty (35), of Balbutcher Park, Ballymun, Dublin, who was charged with having improvised mortar bombs at Clonaslee, Co Laois, on June 20th last.
Also challenging his detention is Mr Michael O'Neill, Lisheen Park, Patrickswell, Co Limerick, who was charged with IRA membership last June and with possession of a firearm with intent to endanger life at Adare, Co Limerick, on June 7th last.
The 16 high-security prisoners had been freed last November 6th-7th, when it was discovered they had appeared before a Special Criminal Court sitting on October 15th. It included Judge Dominic Lynch who was not a member of the court at the time. Judge Lynch had asked to be replaced and was removed last August but was never informed.
The 16 prisoners were re-arrested on the night the Minister for Justice ordered their release. They were brought before another Special Criminal Court sitting and charged with the original offences.
Yesterday Mr Kavanagh told Mr Justice Kelly he was told he was being released at 12.30 a.m., and he was going to be re-arrested.
At the front gate a garda put a hand on his shoulder but another garda had said to wait until the handcuffs had been removed. The garda took his hand away. The handcuffs were taken off and he was arrested.
Prison Officer Martin Kavanagh said he notified Mr Kavanagh that he was to be released and asked if he had property in his cell. Mr Kavanagh had replied that he was coming back.
Del Supt Conor Gordon said he supervised Mr Kavanagh's arrest. Mr Kavanagh was not in handcuffs when he put his hand on him.
Dr Michael Forde SC, who appeared for the five men said that the issues in the case related to whether the men were in fact released and given liberty before their re-arrest.
There was also a question as 16 whether the release and re-arrest were pre-planned between the arresting and detaining authorities.
The hearing continues today.