McCabe killers’ appeal sent to back of queue

Vivion Kilfeather

The judge adjourned the case to “the back” of the court list meaning that it is likely to be some time before it comes to hearing.

Pearse McAuley, originally from Stranbane, Co Tyrone, and Jeremiah Sheehy, from Limerick, were jailed in 1999 for 14 and 12 years respectively after pleading guilty at the Special Criminal Court to the manslaughter of Garda McCabe outside Adare post office, Co Limerick, in 1996.

In their judicial review proceedings, McAuley and Sheehy are claiming that their continuing detention breaches the Good Friday Agreement and Irish and European law.

The case was listed for hearing yesterday but when it was called, Mr Justice John Quirke said there had been an application on Tuesday on behalf of the applicants to have the case adjourned because a witness they wished to cross-examine was in the US.

The judge said he had agreed to start the case yesterday and hear that witness later but that proposal was not acceptable.

He said he did not understand how the applicants could have been prejudiced by that sequence.

He said litigants were queuing up for court time and he would adjourn the case but to the back of the court list.