State to defend GUBU murderer’s release bid

A HIGH Court challenge by convicted murderer Malcolm MacArthur to his continuing imprisonment will be responded to by the State within three weeks with a file, the High Court was told yesterday.

MacArthur was jailed for life in 1982 for the murder of nurse Bridie Gargan in Dublin’s Phoenix Park and is now in his 24th year of imprisonment. He is detained at Shelton Abbey open prison.

In late 2004, legal proceedings were initiated challenging the failure to release him despite a parole board recommendation that he should be moved to an open prison, a recommendation perceived as a prelude to eventual release.

Following the failure of the Minister for Justice and State authorities to file a defence in the action, MacArthur’s lawyers then brought a motion for judgment in default of the failure to deliver a defence.

At the High Court yesterday, that motion was adjourned for three weeks during which time the State authorities agreed to file a defence.

After MacArthur pleaded guilty to the murder of Ms Gargan in 1982, the DPP withdrew charges against him of the murder of Co Offaly farmer Donal Dunne.

MacArthur had been arrested days after the two murders in the home of former Attorney General Patrick Connolly. The series of events leading up to the arrest of McArthur attracted major controversy and were described by the then Taoiseach Charles Haughey as “grotesque, unbelievable, bizarre and unprecedented”, which was shortened to the famous GUBU by journalist Conor Cruise O’Brien.

Members of the family of Mr Dunne have previously voiced opposition to the release of MacArthur.