THE first inquiry of a series into the legality of the detention of prisoners involved in the controversy about the composition of the Special Criminal Court will begin on January 14th, the High Court ruled yesterday.
Mr Justice Kelly ruled that the inquiry into the legality of the detention of Mr Michael Hegarty, who is in Limerick Prison, should begin on January 14th in Green Street courthouse. It would be heard by a three-judge divisional court of the High Court.
Mr Hegarty is one of 5 prisoners involved in the Special Criminal Court controversy, which arose when Judge Dominic Lynch inadvertently continued to sit in the court after his office had been terminated at his own request. All are seeking the inquiries into their detention under Article 40 of the Constitution.
Mr Justice Kelly said Mr Hegarty's case was the first one ready. In the other cases, discovery of documents was still being sought. There would appear to be common legal issues and common evidence in many of the cases.
Different counsel were involved in some cases, but maybe the cases of those applicants who were represented by the same counsel could be heard together. He said he could not make a consolidation order or an order for joint trials. They would have to wait and deal with the issue as it arose.
With regard to Mr Hegarty's case, he would request that certain people be present in court for cross-examination if needed. These are the Deputy Garda Commissioner, Mr Noel Conroy; Mr Tim Dalton, Secretary of the Department of Justice; Mr Barry Donoghue, senior legal adviser in the DPP's office; Supt Anthony Kennedy, Limerick; Det Insp John Kerin; and Mr Patrick Laffin, the Limerick Prison governor.
The judge asked how long the case was likely to take. Mr Michael Forde SC, for Mr Hegarty, said it should take four days maximum.
Mr Justice Kelly ordered that Mr Hegarty be produced in Green Street on January 14th and remain in court during the days of the hearing.
Mr Hegarty, a native of Co Clare, with an address in Knockmore Grove, Tallaght, Co Dublin, was charged with unlawful possession of an explosive substance with intent to endanger life at Longfield, Etra, Carrickmacross, Co Monaghan, on November 10th, 1995.
Last November 6th/7th, he was released from Limerick Prison and rearrested.