Michael McKevitt
A legal challenge against the alleged failure of the Minister for Justice to release convicted IRA leader Michael McKevitt, under a scheme of enhanced remission of sentence is under way at the High Court.
McKevitt, 59, from Beech Park, Blackrock, Co Louth was jailed for 20 years in 2003 for directing terrorism and membership of the Real IRA.
He claims he is entitled to one third remission of his sentence for good behaviour and participation in structured activities designed to prepare him for release.
His legal challenge is focussed on the interpretation of a prison rule allowing for enhanced remission.
His lawyers claimed that if proper consideration for a one-third enhanced remission had been given he would have been released last July.
In a hearing before Mr Justice Peter Kelly his barrister Michael O’Higgins said he was a model prisoner who had engaged and performed well in a number of courses.
However the State argues that he has not engaged with the Probation services, is on a “republican landing” and is a spokesperson for republican prisoners.
Mr O’Higgins said the prison rules had until recently been inadequate in that no guidelines or information were available on they types of structured activities which would be given more weight in assessing eligibility for enhanced remission.
He said prisoners did not have to prove they would not reoffend they only had to show they were less likely to reoffend. Under the rules as they stood, it was an inevitable inference by taking part in authorised structured activities that this was the case, he said.
After recent High Court judgments the State had introduced fresh rules but for six years since the introduction of the rules they had remained unclear, Mr O’Higgins said.
The hearing continues before Justice Peter Kelly.
Source: RTÉ News.
