One of the men arrested as part of the garda investigation into last weekend's fatal gun attack at a party in Coolock, Dublin, was freed by the High Court tonight after he contested the legality of his continued detention.
Mr Justice Iarlaith O'Neill ruled tonight that the District Judge's warrant, which allowed gardaí to detain him for another 24 hours, had been made 25 minutes after the initial detention period allowed for under Section 30 of the Offences Against the State Act had expired.
Michael Higgins, senior counsel, argued to the High Court that the continued detention of Jeffrey Finnegan (26), Rathvilley Drive, Finglas, was illegal.
Mr Justice O'Neill said the courts have no power to extend a statutory period of detention and said he must order Mr Finnegan's release.
Another man, Wayne Harte with an address at Littlepace Drive, Clonee, Co Meath, is still being questioned by gardaí.
A husband and wife were released last night without charge and a file has been sent to the DPP.
The fifth man arrested on Sunday night in Co Kildare - Dwayne Foster (24) Woodbrook Avenue, Finglas - died in Garda custody yesterday. Gardaí regarded him as the chief suspect in the crime.