Courtney to seek release from prison

A legal challenge by convicted murderer Sean Courtney who was jailed 15 years ago for the brutal killing of a Dublin woman Patricia O'Toole aimed at securing his release from prison is due before the High Court next week.

In 1993 former army private Courtney (aged 41), of South Circular Road, Dublin was found guilty by a jury at the Central Criminal Court of murdering Mrs O'Toole (aged 32), an insurance employee from Killiney, in August, 1991, at Mount Venus Road, the Dublin Mountains, Rathfarnham.

Today the High Court heard that Courtney is taking an action in relation to the Constitutionality of mandatory life sentencing against the State.

It is understood that Courtney will argue that the failure of the State to grant him his release is in breach of his constitutional rights and is contrary to European Convention on Human Rights.

It is also believed he will argue he is eligible for and entitled to temporary release.

Mr Justice Liam McKechnie made a production order that would allow the father of two Courtney to attend the hearing of his action.

The case, which is listed for Wednesday of next week, is expected to last for three to four days.

In January 1993 Courtney received a life sentence following a nine day trial. His subsequent appeal against that conviction was rejected by the Court of Criminal Appeal in 1994.

During his trial the Central Criminal Court heard that in a statement to Gardaí Courtney admitted he picked up Mrs O'Toole early on the morning of August 31 1991 after she stopped his car to ask for directions.

It was claimed that Mrs O'Toole did not know where she was going, and he offered to drive her to a friend's house.

He claimed that during a conversation that Mrs O'Toole had said: "You never know who you pick up at this time of night.

I could get you done for attacking me if I went to the police. It would be only your word against mine."

The statement continued: "She was laughing about me and seemed to think it was a big joke. I didn't know what to think. I just blew a fuse and went mad". He then struck Mrs O'Toole.

He described how Mrs O'Toole went semi-conscious. He then panicked and drove the car towards the mountains.

As he drove she came to and started to scream. He pulled into a gateway there was a struggle he grabbed a rock and kept hitting her.

"I just went mad. I grabbed some type of rock and started hitting her on the head and face with it." "I hit her several times, sometimes holding the rock with my two hands." "She was screaming at first as I hit her."

He said eventually she went quiet and she stopped breathing. He took her clothes off and threw them in a field "so as to make it look as if she was attacked."

The then army private wore his full military uniform throughout the hearing and claimed post traumatic stress from a tour of duty in the Lebanon.

The Court heard that Gardai tracked Courtney down through a bloody handprint.

Courtney had claimed insanity due to post traumatic stress from his time in the defence forces.

Courtney said how a army friend accidentally shot himself while on duty in the Lebanon in 1987. The incident had a "terrible effect" on him.

The whole thing built up in him and been under the care of a psychiatrist.