THERE had been a deliberate abuse of the process of rearresting five men who had been told they were being released from Portlaoise and Mountjoy prisons last year, it was claimed in the High Court yesterday.
Dr Michael Forde SC, on behalf of the five prisoners, said the Garda authorities ought to have been able to effect arrests in a lawful manner but chose not to do so.
The five are among 16 prisoners released from three prisons on November 6th/7th last when it was discovered they had appeared before a Special Criminal Court sitting on October 15th. That court had 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 in August last year, but had not been informed of this.
The five prisoners, following their rearrest, were brought before another Special Criminal Court sitting and charged with the original offences for which they had been detained. They claimed they were now illegally detained.
The five are: Mr Joseph Kavanagh (37) of Benbulben Road, Crumlin, Dublin, who faces charges connected with the kidnapping of a former National Irish Bank chief executive; Brixton prison escaper Mr Nessan Quinlivan (31) of Ballynanty Beg, Limerick; Mr Anthony Duncan (26) of Kippure Park, Finglas, Dublin, charged with IRA membership; Mr John Conaty (35) of Balbutcher Park, Ballymun, Dublin, charged with having mortar bombs; and Mr Michael O'Neill, Patrickswell, Co Limerick, charged with IRA membership and possession of a firearm.
Dr Forde said it was known to the authorities that the five men were in unlawful custody and due to be released. They were never released. There had been a deliberate abuse of the process which poisoned the subsequent order of the Special Criminal Court. That was what rendered their present detention continuously unlawful.
The hearing continues today.