FG ‘amazed that Taoiseach defending McCabe killer’s early release’

TAOISEACH Bertie Ahern has confirmed that one of the killers of Detective Garda Jerry McCabe will be released on May 17, as first revealed by the Irish Examiner on Monday.

IRA member Michael O’Neill will walk free from Castlerea Prison having served just eight-and-a-quarter years of his 11-year sentence. Quizzed on the issue by Fine Gael in the Dáil, Mr Ahern said prisoners had a statutory entitlement to remission under the Rules for the Government of Prisons, provided they had demonstrated good behaviour. The entitlement is a reduction by one-quarter of a prisoner’s sentence.

Mr Ahern conceded O’Neill was earning lengthy remission “to which the prison authorities would say he is entitled”, but stressed it was not full remission.

The Taoiseach said every breach of prison rules was punishable by loss of remission, up to a maximum of 14 days.

He said O’Neill had been the subject of a single such breach during his sentence had lost a total of 12 days of remission as a result.

“Therefore, he has not received full remission. In accordance with that, his release has been set for May 17, 2007. As matters stand, the prison service would have no legal authority to detain him beyond that date.”

But Fine Gael leader Enda Kenny attacked the Government for allowing O’Neill’s early release.

In a subsequent statement, he expressed amazement that Mr Ahern was “defending” the release.

“The Taoiseach ignored two important facts in relation to this matter: It is the Minister for Justice who has final say on the remission of sentences, and the McCabe killers have not co-operated with the prison authorities,” Mr Kenny said.

He cited a 2005 report by the prisons inspector, Mr Justice Dermot Kinlen, which said the McCabe killers operated and lived separately in their own section of Castlerea Prison and were “effectively using the power of veto” over duties assigned to them.

“This situation perfectly sets out why Fine Gael has said that we will end the practice of automatic reduction of sentences by 25%,” Mr Kenny said. “If you commit a serious crime, you should serve your full sentence. If you want a remission, you will have to earn it.

“In the case of the killers of Det Garda McCabe, a reduction of sentence clearly hasn’t been earned. As such, they should serve out their full sentences and, in the case of Michael O’Neill, not receive early release this May.”

Mr Kenny called on Tánaiste and Justice Minister Michael McDowell to direct that O’Neill remain in prison. But Mr Ahern said it was a matter for the prison authorities to decide.