‘Hot potato’ Callely: I am being punished twice
The former Fianna Fáil junior minister and senator says he made several applications for temporary release and enhanced remission but was refused on each occasion.
Callely was jailed for five months last July after admitting he fraudulently claimed €4,207.45 expenses from the Oireachtas on forged mobile phone invoices.
In an affidavit read to the High Court yesterday, Callely claimed he was in 23-hour lock-up inititally due to to his “high profile” and that it “was very difficult and mentally challenging”.
He claimed he was told he was high profile and that if his sentence went into October, he would be seen to be doing time. He said he was regarded as a “hot potato”.
Callely has claimed before Mr Justice Anthony Barr that fear of adverse public reaction is at the heart of his judicial review case and behind the refusals to give him temporary release or enhanced remission.
He has claimed it was intimated to him that he might be out of prison in a few weeks, but if he got early release, it might attract media attention and that would be “unpalatable” at a high level.
Callely is on bail on his own bond of €100 pending the outcome of his High Court legal challenge to the decision of the justice minister not to grant him temporary release.
He launched the challenge against the minister and the governor of Wheatfield Prison. He argues that the minister’s refusal of temporary release or extra remission is unfair and claims he is not being treated the same as other prisoners who have committed more serious crimes.
He wants orders quashing the refusal of temporary release or one-third remission, and claims he is entitled to early release for good behaviour and engaging in structured activities within jail. He has fulfilled all pres-cribed requirements for temporary release, it is argued.
The State parties deny the claims.
The case continues on April 16.
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