Court rejects McCabe killers’ bid for early release

TWO of the killers of Detective Garda Jerry McCabe lost their bid to get early release under the terms of the Good Friday Agreement in the High Court yesterday.

Mr Justice Daniel Herbert rejected an appeal by Pearse McAuley and Jeremiah Sheehy that they should be released because they were “qualifying prisoners” under the terms of the 1998 Good Friday Agreement.

The judge ruled that there was no unjustifiable discrimination between the two men and the 57 other prisoners who were freed under the agreement.

The two men had claimed that the failure to specify them as qualifying prisoners for early release breached their rights under the Constitution, the Belfast Agreement and the European Convention on Human Rights and unjustly discriminates against them.

But Mr Justice Herbert said it made no difference whether the offence was prior to or subsequent to the Belfast Agreement.

“The importance lies in the fact that those tried and convicted of such terrible crimes prior to the conclusion of the Belfast Agreement had all served long terms of imprisonment prior to being released, while the persons convicted of the unlawful killing of Det. Garda McCabe were seeking to be considered for almost immediate release by invoking the provisions of the Act of 1998.

“I am satisfied that this factor places the persons convicted of the unlawful killing of Det. Garda McCabe in an altogether different category,” he added.

The judge said that the decision of the Justice Minister not to specify the men as “qualifying prisoners” did not amount to unjust discrimination or infringe on their constitutional rights.

The judge also ruled they were unable to bring their cases within the terms of the European Convention on Human Rights Act of 2003.

McAuley, aged 40, from Strabane, Co Tyrone, and Sheehy, aged 45, from Limerick, were jailed for 14 and 12 years respectively in 1999 after pleading guilty at the Special Criminal Court to the manslaughter of Det. Garda McCabe during an attempted robbery outside Adare post office, Co Limerick in June 1996.

Kevin Walsh, aged 45, of Patrickswell, Co Limerick, also got a 14-year jail term for Det. Garda McCabe’s manslaughter while Michael O’Neill was jailed for 11 years. John Quinn pleaded guilty to conspiring to commit robbery and was jailed for six years.

McAuley is due for release, with remission, on August 5, 2009.

Sheehy is due for release, with remission, on February 4, 2008.