Two appeal refusal for early release under Agreement

Two men jailed in connection with a robbery at Adare, Co Limerick, in 1996 in which Det Garda Jerry McCabe was killed, have appealed…

Two men jailed in connection with a robbery at Adare, Co Limerick, in 1996 in which Det Garda Jerry McCabe was killed, have appealed to the Supreme Court against the High Court's refusal of their application for early release under the provisions of the Belfast Agreement.

During the appeal hearing yesterday, the Supreme Court was told the Government believed that public support for the Northern Ireland peace process would be undermined if the early release procedures available under the agreement were made available to those convicted in connection with the events in Adare.

After the day-long hearing, the five judge court, presided over by the Chief Justice, Mr Justice Keane, reserved judgment.

The appellants, Michael O'Neill and John Quinn, both detained at Castlerea prison, contend they are entitled to be freed under the Belfast Agreement of April 1998, which provided for a two-year period of release for qualifying prisoners expiring in July 2000.

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O'Neill, an unemployed general operative, is serving 11 years for the manslaughter of Det McCabe, the malicious wounding of Det Garda Ben O'Sullivan at Adare, Co Limerick, on June 7th, 1996, and possession of firearms for the purpose of a robbery at Adare.

Quinn is serving a six-year sentence for conspiracy to commit a robbery at Adare in June 1996.

Proceedings by two other men jailed for the manslaughter of Det McCabe, in which they are seeking their release under the agreement, stand adjourned before the High Court pending the outcome of the Supreme Court appeal by O'Neill and Quinn.

Pearse McAuley, originally from Strabane, Co Tyrone, and Jeremiah Sheehy, from Limerick, are serving 14- and 12-year terms respectively.

In January 2002, they initiated proceedings for their release under the terms of the Belfast Agreement.

Some 57 prisoners in the Republic and 444 in Northern Ireland have been released to date under the Belfast Agreement.

Mary Carolan

Mary Carolan

Mary Carolan is the Legal Affairs Correspondent of the Irish Times