THE Secretary of the Department of Justice, Mr Tim Dalton, yesterday denied he had delayed implementing the release of prisoners detained illegally, to allow gardai to prepare to rearrest the men.
Mr Dalton was giving evidence before a three-judge Divisional Court of the High Court in a case concerning a former member of the Republican Sinn Fein ardcomhairle, Mr Michael Heggarty.
Mr Heggarty (43), a native of Co Clare with an address at Knockmore Grove, Tallaght, Co Dublin, was charged at the Special Criminal Court on November 11th, 1995, with the unlawful possession of an explosive substance with intent to endanger life at Longfield, Etra, Carrickmacross, Co Monaghan, the previous day.
He is one of 16 men who were released from prison following the discovery in November that Judge Dominic Lynch had sat in the Special Criminal Court on a number of occasions following his delisting from that court in August.
Mr Heggarty had been before the Special Criminal Court for a remand hearing on October 15th.
He has brought a constitutional action against the governor of Limerick Prison.
The Minister for Justice, the Garda Commissioner, the DPP, and the State have been made notice parties to the claim.
Mr Heggarty claims the Chief State Solicitor and the Minister for Justice, through her servants or agents, knew Judge Lynch was no longer a member of the Special Criminal Court on October 15th last.
He alleges that last November 6th the Minister, the Garda Commissioner, the DPP and the State conspired to infringe his constitutional right to liberty.
He alleges the DPP and/or Deputy Garda Commissioner Conroy or their servants provided that arrangements would be made that if he was released by order of the Minister he would never obtain liberty.
He claims he was never properly charged before a sitting of the Special Criminal Court last November 7th, when he was remanded in custody. He claims that remand is invalid and that he is in unlawful custody.
Yesterday Mr Dalton told Mr Turlough O'Donnell, for Mr Heggarty, of receiving a telephone call on November 6th, around 6.50 p.m., and being told of the difficulty surrounding the Special Criminal Court.
He was told by Garda Deputy Commissioner Noel Conroy that gardai were in place should prisoners be released.
Mr Dalton denied he was aware that any delay in the decision to release the prisoners would contribute to the prospects of the gardai rearresting them.
The hearing continues.