McDowell defends length of murder sentences

Minister for Justice Michael McDowell has defended the scale of prison sentences for convicted murderers, insisting the State could not revise its entire penal system following the murder of one citizen "no matter how awful or grotesque".

"The tariff a life prisoner can expect is 15 to 20 years and only in the most exceptional cases . . . would I consider anything less than 15 and never less than 12," Mr McDowell said.

"That is the situation that I have brought about. The Parole Board has fully co-operated with me in implementing those guidelines."

Rehabilitation was an option for some killers. It was important to keep an "even keel" in the aftermath of Donna Cleary's killing. We did not have a US-style system where "people are put into cells and literally disowned", he said.

Meanwhile, two men who were being questioned by gardaí about the killing of Ms Cleary in Coolock, Dublin, early on Sunday were released last night.

One of the men was released by order of the High Court after his detention was deemed unlawful, while the other man's detention period expired. They had been held at Malahide and Santry Garda stations.

Ms Cleary died when she was hit by shots fired into the house where a 40th birthday party was taking place.

Gardaí believe Dwayne Foster (24) fired the gun which fatally wounded the 22-year-old mother of one. They believe he was on cocaine at the time and had been drinking. He has since died from natural causes while in Garda custody.

It has emerged that Foster should have been serving a three-month sentence for road traffic offences but that a bench warrant for his arrest had not been executed.

Mr McDowell said it could not be surmised that the murder would not have taken place if the warrant had been executed.

A husband and wife who were arrested at the Curragh, Co Kildare, on Sunday night were released without charge late on Tuesday.

A car which detectives believe was used by three men in getting to and from the murder scene has been recovered and is undergoing forensic examination.

Detectives have gathered a number of statements from people who saw the murder at Adare Green, Coolock.

Some of these also witnessed an earlier incident during which three men were denied access to the party.

Gardaí believe that Foster and two other men left the house at 2am only to return at 2.30am when Foster opened fire on the house, firing five shots from a pistol which fatally wounded Ms Cleary.

Meanwhile, as the internal Garda inquiry into the death of Foster continued yesterday his family requested an independent medical opinion as to the cause of his death.

A postmortem carried out by Assistant State Pathologist Dr Michael Curtis has already concluded that Foster died of natural causes.

He had a history of throat cancer and chronic cocaine and heroin abuse.

Solicitor John Feaheny, who is acting for the Foster family, said they wanted a second postmortem to be carried out by a pathologist from another jurisdiction.

This will take place as early as today.