McKevitt to begin series of temporary releases

Michael McKevitt

Real IRA leader Michael McKevitt is set to begin an ongoing programme of temporary releases within weeks to prepare him for his full release from prison next year after a u-turn on the issue by Minister for Justice Frances Fitzgerald.

The 65-year-old, from Beech Park in Blackrock, is nearing the end of a 20-year sentence and is now scheduled to enjoy a first short period of temporary release, likely for a weekend, by the end of the month.

A spokesman for Ms Fitzgerald said: “It is not the policy nor would it be appropriate for the Department to make any comment regarding the detail of the management of any individual prisoner’s sentence.”

Stephen McKevitt, Michael’s eldest son, said while his father was still not being released from Portlaoise Prison for a prolonged period to recover from having a cancerous kidney removed, the family welcomed the reinstatement of his pre-release programme, which is not linked to his illness.

“After our campaign began to gain some momentum which included the support of a number of TDs, Francis Fitzgerald reinstated the pre-release programme without explanation,” he said of the decision taken last Friday.

“My family is seeking clarity as to why the pre-release programme was revoked in the first place, then reinstated within days and most importantly why my father was returned to prison without even a basic medical assessment.”

McKevitt Snr, who was one of four men found liable for the 1998 Omagh bombing in a civil action taken by relatives of the dead, is serving 20 years for directing terrorism and was also convicted of membership of an illegal organisation.

He was returned to prison last month 5½ weeks after surgery to have a cancerous kidney removed.

His family told The Irish Times last week they believed he needed up to three months recovery at home. They added his being returned to prison on June 22nd came with no warning after three months of release on health grounds and was a political decision rather than a medical one.

They also said that a pre-release programme agreed for him from the present time to the expiry of his sentence next Easter had been cancelled without explanation at the same time he was returned to jail the week before last.

Source: The Irish Times

Omagh families give mixed reaction to TDs supporting McKevitt’s release from prison

Michael McKevitt

The news that a number of TDs are supporting the release from prison of Michael McKevitt as he recovers from surgery prompted some different reactions from the victims of the 1998 Real IRA Omagh bombing.

Stanley McCombe, who lost his wife Ann in the explosion which killed 29 people including a woman heavily pregnant with twin girls, told The Irish Times he felt “angry and bitter” that the TDs were lobbying on McKevitt’s behalf.

Kevin Skelton, whose wife Philomenadied in the explosion, on the other hand said he had no objection to McKevitt being released on compassionate grounds.

Mr McCombe (66) said his wife “would not be released from the grave” while “irrespective of whether he is an ill man or not” McKevitt was at least alive.

“For these TDs to be coming along and wanting his release are not fighting for any justice for my wife and for everybody else that was murdered in Omagh,” he said.

A spokesperson for Omagh Support & Self Help Group said they were “disappointed but not surprised” at the TDs support of McKevitt, adding: “We feel that there is no respite from the life sentence which terrorists have inflicted on their victims and their families and compassion was not a consideration when they planted bombs with the intention to murder innocent civilians.”

Mr Skelton however said he had no objection to his release. “I am not a bitter person. I have lost loved ones through cancer. I would have no objections,” he said. “I don’t want to see families suffering. No matter what he did or didn’t do you can’t blame the family.”

Mr Skelton, whose daughter Shauna was badly injured in the blast, said that neither he nor his family bore feelings of hatred any more.

Of McKevitt he said, “He has done a fair stretch as it is. There are a lot of people who committed horrendous crimes over the last 30-40 years and served a lot less, and got out and there was no word about it. I would have no objections, none at all, I am more interested in looking to the future than looking back.”

“I would have no feelings of being betrayed or anything else; no, none at all,” he added.

Mr Skelton made the point that McKevitt wasn’t actually convicted for the Omagh bombing but as the Real IRA leader he was imprisoned for directing terrorism.

He also observed that no one has been convicted in a criminal court for the Omagh murders. “They were fit to convict him, why were they not fit to convict the rest?” he said.

Mr Skelton said he had “no problem” with the TDs lobbying on McKevitt’s behalf. “I could not care less, that’s being honest. If he gets out he gets out. If he doesn’t he doesn’t, it makes no difference to me,” he said.

“But on compassionate grounds there comes a time when you have to let go. We are supposed to be humane; I am one of those people who would have a bit of humanity within me no matter what somebody done to me. So, I have no objection if they have put up a petition. It won’t change my life or anything,” added Mr Skelton.

Source: The Irish Times

TDs support McKevitt’s release from prison

Michael McKevitt

The family of jailed dissident republican leader Michael McKevitt have received the support of five TDs in lobbying for him to be released while recovering from recent surgery.

The five who have lobbied Minister for Justice Frances Fitzgerald include former Fianna Fáil minister Éamon Ó Cuív and Independents Clare Daly, Mick Wallace, Maureen O’Sullivan and Thomas Pringle according to a report in today’s Irish Times.

McKevitt, who was one of four men found liable for the 1998 Omagh bombing in a civil action taken by relatives of the dead, had a cancerous kidney removed in May.

The 65-year-old, from Beech Park in Blackrock, is currently in his final year of a 20-year sentence for directing terrorism. He was also convicted of membership of an illegal organisation, the Real IRA.

“Those TDs who have recently campaigned on behalf of my father see this for what it is – a humanitarian issue,” McKevitt’s eldest son, Stephen McKevitt, told The Irish Times today,

“And they agree that my father should be afforded the same rights as anybody else.”

He said he did not believe any other prisoner who had undergone major surgery would be returned to jail 5½ weeks later.

His father did not have access to in-cell sanitation in Portlaoise Prison or to the standard of medical care required by those recovering after having an organ removed.

Stephen McKevitt said his father had spent 14½ years “as a political prisoner [and] has never sought any form of special treatment”.

He added his family had been told Ms Fitzgerald had personally intervened to ensure Michael was returned to prison last week after three months of temporary release.

While McKevitt’s illness has been well-documented, the fact he had been temporarily released for three months was not known before now.

Source: The Irish Times

McKevitt refused early release from prison following appeal

Michael McKevitt

Dissident Republican Michael McKevitt lost an appeal last week against a High Court judgement refusing him early release from prison.

The 65-year-old, from Beech Park in Blackrock, Co Louth was jailed by the non-jury Special Criminal Court for 20 years in 2003, backdated to 2001, for directing terrorism and for membership of an illegal organization, styling itself as the Real IRA.

With the normal one-quarter remission generally afforded to prisoners, McKevitt is due for release from Portlaoise Prison in July 2016.

McKevitt had applied for a further 8 per cent off his sentence arguing that his participation in structured prison activities, such as art, drama, French, home economics and yoga classes, meant he was less likely to re-offend and was therefore entitled to one-third remission rather than the one-quarter generally afforded to prisoners.

The High Court ruled last year that the Minister for Justice was entitled to refuse McKevitt’s application for one-third remission and he sought to appeal that decision last month.

In a written judgment dismissing his appeal, Ms Justice Mary Irvine said the Minister was entitled “not to close her mind to other relevant and possibly more dominant” material concerning McKevitt’s likelihood to re-offend, including garda advice.

Source: The Irish Times.

McKevitt appeals decision to refuse him early release from prison

Michael McKevitt

Republican Michael McKevitt has launched an appeal against the High Court’s decision to refuse him early release from prison.

The 66-year-old, from Beech Park in Blackrock, was jailed by the non-jury Special Criminal Court for 20 years in 2003, backdated to 2001, for directing terrorism and for membership of an illegal organisation styling itself as the Real IRA.

With the normal one-quarter remission generally afforded to prisoners, McKevitt is due for release from Portlaoise Prison in July 2016.

McKevitt had applied for a further 8 per cent off his sentence, arguing that his participation in structured prison activities, such as art, drama, French, home economics and yoga classes, meant he was entitled to one-third remission rather than the one-quarter generally afforded to prisoners.

The High Court ruled last year that the Minister for Justice was entitled to refuse McKevitt’s application for one-third remission and he sought to appeal that decision on Wednesday in the Court of Appeal, with a decision on the matter to be made soon.

McKevitt loses prison release bid

Michael McKevitt

Michael McKevitt, who is serving a 20-year sentence for directing terrorism and membership of the Real IRA, has failed in his bid to be released from prison immediately.

McKevitt, from Beech Park in Blackrock, claimed that his participation in structured prison activities entitled him to enhanced one third remission of his prison sentence.

He claimed he was entitled to such remission because he had participated in activities including computer courses, speech and drama, art, French, yoga and an Open University course in creative writing.

Minister for Justice Frances Fitzgerald said she was entitled to refuse him remission taking into account garda views and other matters relating to his risk of reoffending.

Mr Justice Peter Kelly ruled yesterday that participation in structured activities in prison had as its object a reduction in the likelihood of reoffending but he said the minister must be satisfied such an object had been achieved.

Simply because a prisoner engaged in structured activities, he said, that did not mean a reduction in the likelihood of reoffending had automatically been achieved.

He said the minister was entitled to take into account all of the matters before her.

And he said even if one excluded the evidence of gardaí then there was an abundance of other material allowing the minister to reach her decision to refuse to grant him enhanced remission.

He refused to quash her decision and rejected McKevitt’s application.

Source: RTÉ News

Car suffers extensive damage from fire in Blackrock

A car was extensively damaged by fire in Blackrock in the early hours of this morning.

The incident happened in the Beech Park area around 2.30am, with Dundalk Fire Service being called to the scene to put out the blaze in the Skoda Octavia.

The car was written off in the fire and has since been removed from the scene for technical examination.

Gardaí are now investigating how the fire started and are appealing for anyone with information to contact them at either Blackrock or Dundalk Garda Station.

IRA leader remission case before High Court

Michael McKevitt

A legal challenge against the alleged failure of the Minister for Justice to release convicted IRA leader Michael McKevitt, under a scheme of enhanced remission of sentence is under way at the High Court.

McKevitt, 59, from Beech Park, Blackrock, Co Louth was jailed for 20 years in 2003 for directing terrorism and membership of the Real IRA.

He claims he is entitled to one third remission of his sentence for good behaviour and participation in structured activities designed to prepare him for release.

His legal challenge is focussed on the interpretation of a prison rule allowing for enhanced remission.

His lawyers claimed that if proper consideration for a one-third enhanced remission had been given he would have been released last July.

In a hearing before Mr Justice Peter Kelly his barrister Michael O’Higgins said he was a model prisoner who had engaged and performed well in a number of courses.

However the State argues that he has not engaged with the Probation services, is  on a “republican landing” and is a spokesperson for republican prisoners.

Mr O’Higgins said the prison rules had until recently been inadequate in that no guidelines or information were  available on they types of structured activities which would be given more weight in assessing eligibility for enhanced remission.

He said prisoners did not have to prove they would not reoffend they only had to show they were less likely to reoffend. Under the rules as they stood, it was an inevitable inference by taking part in authorised structured activities that this was the case, he said.

After recent High Court judgments the State had introduced fresh rules but for six years since the introduction of the rules they had remained unclear, Mr O’Higgins said.

The hearing continues before Justice Peter Kelly.

Source: RTÉ News.

High Court dismisses McKevitt legal challenge

Michael McKevitt

The High Court has dismissed a legal challenge against a decision of the Minister for Justice refusing to release convicted IRA leader Michael McKevitt, under a scheme of enhanced remission of sentence.

However, McKevitt will now attempt to launch another challenge to his detention using an alternative legal mechanism, judicial review.

This afternoon Mr Justice Bernard Barton applied a recent Supreme Court decision, which ruled that the Minister’s decision could not be challenged using Article 40 of the Constitution.

Mr Justice Bernard Barton ruled the decision of the Minister was a valid one.

McKevitt’s lawyers immediately applied to another judge of the High Court for permission to seek a judicial review.

A ruling is expected later this evening.

Earlier today lawyers for McKevitt told the court they were withdrawing the challenge taken under Article 40  in light of the Supreme Court decision.

However, Mr Justice Bernard Barton said he would still give his judgment in the case because of the “public importance and public interest” of the case.

McKevitt, 59, from Beech Park, Blackrock, Co Louth, had sought an Article 40 inquiry under the Constitution claiming his continued detention at Portlaoise Prison is unlawful.

However, the application was overtaken by a decision of the Supreme Court which ruled an Article 40 inquiry was the incorrect legal mechanism for such challenges.

McKevitt will now seek leave to bring a judicial review of the Minister’s decision not to grant him remission of sentence.

Lawyers for McKevitt told the High Court this morning they were withdrawing the application and would instead seek a judicial review of the Minister’s decision, which the Supreme Court had ruled was the correct way to proceed with the challenge.

They said it was possible that McKevitt was still illegally detained and therefore they would be asking for leave to seek judicial review and requesting an expedited hearing.

McKevitt was jailed for 20 years in 2003 for directing terrorism and membership of the Real IRA.

He claimed he was entitled to one third remission of his sentence for good behaviour and participation in activities designed to prepare him for release.

His lawyers claimed that if proper consideration for a one third enhanced remission had been given he would already have been released by now.

Judge Barton had adjourned ruling on the matter pending the decision of the Supreme Court in a case brought by Limerick man Eddie Ryan, where a similar legal argument had been made.

Last month Ryan was released from prison after Mr Justice Max Barrett found that under Rule 59 of the 2007 Prison rules Ryan, imprisoned for possession of a pistol and ammunition, was entitled to release.

However, the Supreme Court ruled Ryan’s release by the High Court was invalid and ordered his re-arrest.

The Supreme Court held his release by way of habeas corpus under Article 40 of the Constitution was not the appropriate remedy on the issue of remission of prison sentence.

It agreed with the State, which had appealed the Ryan High Court ruling, that Ryan’s application for early release should have been brought by way of judicial review.

High Court due to rule on McKevitt release bid

Michael McKevitt

The High Court will decide today if it will deal with a freedom application by jailed IRA leader Michael McKevitt before a Supreme Court hearing on remission on Friday. Mr Justice Bernard Barton yesterday said he would consider evidence and legal submissions as well as two judgments by High Court colleagues on remission of sentences before giving his decision.

McKevitt, from Beech Park in Blackrock, was sentenced to 20 years imprisonment in August 2003 after being convicted in the Special Criminal Court of directing a terrorist organisation and of being a member of the Real IRA. His sentence had been backdated to March 29th, 2001.

Both Mr Justice Max Barrett and Mr Justice Gerard Hogan have directed the immediate release of prisoners Eddie Ryan Junior and Niall Farrell on the grounds they were being held unlawfully after the Minister for Justice refused to grant them a one-third remission of sentences instead of the usual quarter remission.

Michael O’Higgins SC, who appeared for McKevitt, told Mr Justice Barton that while both his colleagues’ judgments were under appeal to the Supreme Court the matters would not be heard until Friday.

He said McKevitt’s application was of extreme urgency and had been brought before the court under article 40 of the Constitution. If McKevitt was correct, then he should have been released on July 26th. As a result of the Minister’s refusal to grant him a third remission he would, unless ruled otherwise by the High Court, not be released until November.

It has been argued in this and previous release applications that when a prisoner is of good behaviour and has engaged in authorised structured activities aimed at preparing him for release and reintegration into society with a lesser likelihood of reoffending, then he is entitled to a full one-third remission.

Diarmaid McGuinness SC said the two existing High Court judgments may be unambiguous as Mr O’Higgins had said, but they were both under appeal and the State had put in submissions to say they were erroneous interpretations of the law.

Source: The Irish Times