State seeks legal advice on Macarthur dilemma
The final decision on the parole board's recommendations would normally be made by Michael McDowell.
However, in this case, Mr McDowell was junior counsel in the defence team for the original trial.
After the Parole Board recommended Macarthur, who was sentenced to life for the murder of nurse Bridie Gargan 20 years ago, be transferred to an open prison, Mr McDowell directed all relevant papers be handed over to another minister.
But it emerged last night such a move may not be legal.
A Department of Justice spokesperson said last night it would be next week before any decision was made on which minister would be given responsibility for the case.
"Officials are working on the issue at the request of the Justice Minister. The machinations of the situation are being examined at present. There is no shortlist of names at this stage. It could be next week before a decision is made."
The decision to transfer the 56-year-old killer to an open prison was made following a report by one of the country's most respected campaigners for victims.
Lillian McGovern, chief executive of Victim Support, met Macarthur on a visit to Arbour Hill and submitted her report to the full parole board.
The 10-member panel recommended the bow-tied killer be transferred to Shelton Abbey open prison.
Ms McGovern last night said she could not comment on the case, given her position on the parole board.
But Valerie Bresnihan, of the Irish Penal Reform Trust, said decisions made by the parole board need to be respected, particularly as one of the members is a long-standing advocate for victims. She added there was no guarantee Macarthur would be released in two years, as reported.
"We simply do not know, it could be two years, it could be 10 years or five years. It's entirely dependent on whether the prisoner has been rehabilitated," Ms Bresnihan said.
"This is a decision not of release, but of rehabilitation. That decision is very courageous."
Meanwhile, Macarthur is unlikely to ever stand trial for a second suspected murder, legal experts claimed yesterday.
Macarthur caused huge political embarrassment when he was arrested on two murder charges in the apartment of the Attorney General Patrick Connolly 20 years ago.
While Macarthur pleaded guilty to the murder of Bridie Gargan, he was never tried for the second suspected murder of Offaly farmer Donal Dunne.
The Dunne family alleges a plea bargain was agreed on the nurse Gargan charge allowing the State the facility not to proceed with Donal Dunne's case.
