THREE judges of the High Court, sitting as a divisional court, are to hear the inquiry into whether the double killer, John Gallagher, should be freed.
The inquiry is due to open in the High Court today. A preliminary issue will be dealt with over the next two days and the case will then be adjourned until next month.
Gallagher (29), of Lifford, Co Donegal, was found guilty but insane after facing charges of murdering his girlfriend, Ms Anne Gillespie (18), and her mother, Annie Gillespie, in the grounds of Sligo General Hospital in 1988. He is being detained in the Central Mental Hospital (CMH), Dundrum, Dublin.
Last month, the High Court was told that the director of the CMH, Dr Charles Smith, had stated last year that he could not detain Gallagher on grounds of his "imminent dangerousness as he did not think this existed. He maintained that Gallagher was not ill.
Gallagher claims that the Minister for Justice can no longer form the view that he is suffering from any mental disorder.
The inquiry will be heard by Mr Just ice Geoghegan, Miss Justice Laffoy and Mr Justice Kelly.
Three judge divisional courts sit only occasionally. One sat earlier this year to deal with the challenge by the former senator, Mr Des Hanafin, to the outcome of the divorce referendum.
When the court sits today it will decide initially on an application by relatives of the two dead women who want to be legally represented.
Earlier this month, the High Court was told that the relatives had "real fears" for their safety if Gallagher was freed. It was stated that there had been a history of threats by Gallagher against one relative.
Mr Seamus Gunn, solicitor, for one relative, Mr Patrick Maguire, of Cooladawson, Lifford, said that there had been a history of threats and assaults by Gallagher against Mr Maguire and his family. Gallagher had threatened to kill him on or after his release, and this and other legitimate fears which he had were proper and relevant matters to be considered by the court.
The preliminary application is expected to take up the court's time today and tomorrow. It is then expected to adjourn until a date next month because of prior commitments by the judges to other cases.