Man loses bid for release via loophole

A prisoner has lost his bid for release in a major ruling concerning the effect of the striking down last month of the laws governing the courts powers to activate suspended sentences.

Mr Justice Paul McDermott’s judgment on the case of Paul Clarke is regarded as a test ruling with implications for at least 16 other cases by prisoners seeking their release. These include Alan Hutch, whose father Eddie Hutch Sr was among the victims of the gangland feud raging in Dublin.

The 16 brought separate proceedings following the decision by Mr Justice Michaal Moriarty last month that Section 99.9 and 99.10 of the Criminal Justice Act 20006, as amended, are unconstitutional.