Republican News · Thursday 28 November 2002

Castlerea Five case adjourned

Judgement has been reserved in a judicial review hearing in the High Court sought by two of the republican prisoners known as the Castlerea Five.

Michael O'Neill and John Quinn applied to the court for declarations that they are entitled to be released under the terms of the Good Friday Agreement. Arguments were heard on Tuesday and Wednesday before Justice Peart.

Michael Forde, appearing for the prisoners, said it was perverse for the government to claim that his clients did not qualify under the terms of the Agreement. He said it was also the worst form of discrimination when they had been given no explanation as to why they were turned down for release. The state's case, he maintained, was that the refusal was an entirely political decision in which the courts had no say.

In an affidavit, solicitor Michael Farrell, for the men, informed the court that the Agreement was enacted on 13 July 1998 and envisaged a two-year period for the release of prisoners, expiring in July 2000. Fifty-seven prisoners in the South and 444 in the Six Counties have been released to date.

Dr Ryan, counsel for the state, said that the state had no obligation on the basis of numbers released. He said the decision was at the relevant minister's discretion and added that no legitimate expectation had been created from the outset in relation to these prisoners.

He also argued that no law exists where a minister is obliged to release a prisoner serving a lawful sentence.

Sinn Féin TD Martin Ferris and party general secretary Lucilita Breathnach attended the court on Tuesday. Sinn Féin POW Department spokesperson, Ann O'Sullivan, who was also present in court, said afterwards that "the Castlerea prisoners must be released under the terms of the Godd Friday Agreement. They were arrested in June 1996; the Agreement was signed in July 1998. Clearly, they fall under its terms and should be releasaed immediately. Everyone in comparable circumstances must be treated equally."