THE controversy over the release and rearrest of 16 prisoners after it was discovered that the State had allowed a judge to continue serving on the Special Criminal Court for three months after his membership of the court had been terminated is set to continue to run through the courts.
Applications are expected for the release of the 16 prisoners involved in yesterday's extraordinary series of releases, rearrests and court appearances.
In anticipation of moves to have the men freed, lawyers for the Minister for Justice, Mrs Owen, yesterday sought leave from the High Court to quash charges so that the men could be rearrested and brought to face fresh charges. It is understood that this move is being made so that the men's detention can be validated.
This application, if successful would mean that the men will be momentarily released from jail and rearrested for a second time.
Lawyers representing the men are expected to seek their release during applications before the High Court next week.
The Minister for Justice yesterday refrained from saying why there had been a three month delay by her Department in informing Judge Dominic Lynch that his application requesting a transfer from the Special Criminal Court had been agreed by the Government on August 1st. Charges heard in court before Judge Lynch since then are invalid.
The Department of Justice refused to comment on the affair. However, sources emphasised that the courts section had been under very great pressure in recent times. Fifteen new judges were appointed this year and it is presumed Judge Lynch's transfer was lost in the extra paper work.
This is the second time such a controversy has struck the Special Criminal Court. A similar set of circumstances arose in 1986, when it was found one of the sitting judges was officially retired.
Among the 16 prisoners released and rearrested at the front gate of Portlaoise Prison at 2 a.m. yesterday were - Nessan Quinlivan, who is facing a warrant for extradition to Britain, and Mr Anthony Duncan, from Finglas, Dublin, who is being detained on a charge of IRA membership.