Convicted murderer Malcolm Macarthur has taken a High Court case challenging his continued detention, The Irish Times has learned.
He is now one of the State's longest-serving convicted prisoners, having served more than 22 years since he was arrested for the murder of a nurse, Bridie Gargan, in 1982. He subsequently pleaded guilty to her murder and received the mandatory life sentence. The State then withdrew charges against him of the murder of Co Offaly farmer Mr Donal Dunne.
Last year he was moved to Shelton Abbey open prison, following a recommendation from the Parole Board in 2002 that he be moved there to assess his suitability for release. However, unlike other prisoners serving long sentences, he was not given temporary release last Christmas.
A plenary summons was lodged in the High Court central office on his behalf by his solicitors, James McGuill and company, on December 15th last. Macarthur is seeking a declaration that his continued detention contravenes his rights under the Constitution and the European Convention on Human Rights.
His lawyers are seeking an order that the recommendations of the Parole Board, that he be prepared for release, be acted upon.
They are also looking for a declaration that it is contrary to the European Convention on Human Rights for a Government minister to take a decision on varying his sentence, which is a judicial function. The Strasbourg European Court of Human Rights has already ruled against judicial functions being performed by Government ministers, notably in relation to the Jamie Bulger case, where two 10-year-olds were convicted of murdering the Liverpool toddler, and the then home secretary, Mr Michael Howard, increased their sentences.
Lawyers for Macarthur are also seeking a declaration that the State's failure to provide an effective remedy for the alleged injustice is in breach of the ECHR.
Macarthur is also seeking damages for breach of his constitutional rights, including the right to liberty and security of the person, and/or respect for family life and/or right to equality before the law. His legal team includes Mr Patrick MacEntee SC. The case is being taken against the Minister of State for Justice, the Minister for Justice, Ireland and the Attorney General. The Minister for Justice, Mr McDowell, is precluded from dealing with the case because he represented Macarthur at the original trial.