THREE prisoners involved in a controversy last year over the composition of the Special Criminal Court yesterday lost their High Court claim that they should be released.
The three were among a group of 16 prisoners who were released and rearrested on November 6th/7th last. They had been freed when it was discovered they had appeared at a Special Criminal Court which included Judge Dominic Lynch.
Judge Lynch had asked to be replaced in the Special Criminal Court. He was actually removed in August 1996 but was not informed of that decision. He continued to sit as a member of the Special Criminal Court up to October 28th last.
Following their release in November last, all 16 were rearrested and brought before a properly constituted Special Criminal Court.
Yesterday Mr Justice Kelly dismissed applications for the release of Gabriel Cleary (52) Friarstown, Tallaght, Co Dublin; Brian McNally (54), Knocksinna Park, Foxrock, Co Dublin; and Jeremiah Sheehy (36), Abbey Park, Rathkeale, Co Limerick.
Cleary and McNally are charged with unlawful possession of explosive substances with intent to endanger life at Ballyfarrell, Clonaslee, Co Laois, on June 20th, 1996. Sheehy is charged with IRA membership on June 8th, 1996, and possession of a firearm with intent to endanger life.
Judgment is to be given by the High Court on June 9th on claims by some of the other prisoners that they should be released.
Giving his decision in the case of the three prisoners before the court yesterday, Mr Justice Kelly said he was satisfied they were being detained in accordance with law and he would refuse to make any order for their release.
He rejected a number of grounds put forward on behalf of the three prisoners. It had been submitted that the Attorney General personally knew of the invalid composition of the Special Criminal Court on or before November 1st, 1996, but notwithstanding that knowledge did nothing about it. The judge said he held as a matter of fact that the AG did not have knowledge of the illegal detention prior to the night of November 6th last.
The judge said that on the night of November 6th last the Minister for Justice had directed that the applicants be released. She gave this direction on foot of advice from the AG. The applicants submitted that there was a failure to implement the Minister's direction and that they were not properly released from the custody of their jailer.
If they were correct on this point, they then went on to submit that their, arrest by gardai on the night of November 6th/7th was "an arrest upon an arrest" and was therefore unlawful.
Mr Justice Kelly said he concluded there was no substance in the argument made on behalf of the applicants under this heading.