High Court refuses release for man who killed Garda in Tallanstown

Sgt Patrick Morrissey RIP

A man who has spent almost three decades in jail for the murder of a Garda sergeant in Tallanstown has lost a High Court action aimed at securing his immediate release from prison.

The action was brought by Michael McHugh, who shot dead Sgt Patrick Morrissey following an armed robbery in Co Louth in 1985.

McHugh, with an address at Clonalig, Crossmaglen, Co Armagh and Noel Callan, formerly of Cullaville, Castleblayney, Co Monaghan were convicted by the non-jury Special Criminal Court in December 1985 of the murder of Sgt Morrissey (49) at Rathbrist, Tallanstown, on June 27th, 1985 following an armed robbery at Ardee Labour Exchange.

Sgt Morrissey was initially wounded by McHugh, before he shot the unarmed garda in the head.

McHugh was initially sentenced to death for the murder. The sentence was commuted to one of 40 years penal servitude by the then president Patrick Hillery, seven days before the execution was scheduled to be carried out.

In proceedings against the Governor of the Prison, the Minister for Justice, the Irish Prison Service and the DPP McHugh claimed when the 25 per cent remission generally granted to incarcerated persons is taken into account he is due for release after 30 years, which he says he has served.

He argued he was not given credit for five months he spent in custody, between July 3rd and December 3rd 1985, before his trial for the garda’s murder concluded and should be released immediately.

In his judgment Mr Justice Paul McDermott dismissed McHugh’s case stating under the separation of powers the court could not compel the Minister for Justice to further commute or remit the sentence.

In this case the commutation of McHugh’s sentence was wholly separate from the judicial process, the judge said.

Unlike the President of Ireland and the Minister for Justice, who have a very wide discretion in such matters, the courts have no function in exercising powers of pardon commutation or remission.

The judge also found there was “no legal basis” for the proposition that a failure by a court or the executive to backdate a sentence imposes an obligation on the Minister to consider or grant a further reduction of a sentence.

The judge said the Minister has the discretion to consider McHugh’s application to be given credit for the five months in custody, but is not obliged to do so.

The Minister was also entitled to take other considerations into account such as “the grievous nature of the offence. when considering such applications.

The judge added there was “no evidence” in this case the Minister’s failure to further commute the sentence by five months could be described as being arbitrary, capricious or irrational.

McHugh has served his sentence at the maximum security Portlaoise Prison, and is due for release in December. However he has a separate, but related action also aimed at securing his release pending before the High Court.

He had sought various orders and declarations including he is entitled to be credited with the time he served in pre-trial custody.

McHugh further claimed the failure to give him credit for those five months he spent in prison amounts to a breach of his rights to natural and constitutional justice.

His application was opposed by the State parties, on grounds including McHugh does not have an automatic entitlement to be given credit for the five months in question. They also argued they do not have the power to take the five months into account as the original court sentence imposed was the death penalty.

Source: The Irish Times

Local schools take part in cross border short film initiative

Teachers at the film showcase in St Vincents

Co-operation Ireland recently teamed up with a number of local and cross border schools on a short film project.

The participating schools came together to creatively collaborate and research their shared histories within their own localities and further afield and then identified a story, which they brought to the screen.

The schools that took part in the innovative project were:

• St Joseph’s Secondary School, Drogheda, Co Louth
• Ardee Community School, Co Louth
• Scoil Uí Mhuirí, Dunleer, Co Louth
• St Vincent’s Secondary School, Dundalk, Co Louth
• De La Salle College, Dundalk, Co Louth
• St Joseph’s High School, Crossmaglen, Co Armagh
• Newbridge Integrated College, Loughbrickland, Co Down

Each school participated in workshops that provided a professional actor who taught drama and media skills and a digital media expert to teach the young people film producing skills and assist them professionally produce their chosen story and make a short film.

St Vincent’ School in Dundalk hosted the premiere of these short films for all the participating cross border school groups within this project from both sides of the border.

The short films were also showcased to key stakeholders and decision makers from both sides of the border in the County Museum in Dundalk to demonstrate the terrific work and value that this peace project has provided to the young people from these schools.

Each short film produced by each school has uniquely addressed perceived and real beliefs and actions towards sectarianism, racism and cultural identity within Ireland and their own communities, and this culminated in them having a greater appreciation of their culture and heritage and how it has impacted on their lives in the current day.

This showcase offered the opportunity to for all the young people to participate in a facilitated workshop whereby they could network and discuss their experiences and revel in their wonderful media productions. This was a hugely successful day enjoyed by all!

For further information on this project please call Carolyne Murphy on +44 (0)775 3789940 or email Carolyne at cmurphy@cooperationireland.org

Pictured at the screening of the short films in the County Museum Dundalk are L-R County Museum Dundalk Curator, Brian Walsh, Labour Senator Mary Moran, Valerie Atherton, Louth County Council Peace Programme Manager, Carolyne Murphy, Co-operation Ireland and Peter Baxter from Create Schools. Picture: Ciara Wilkinson

Mercedes destroyed in arson attack at Ravensdale

The Mercedes that was set alight at Ravensdale Park yesterday evening. Picture: LMFM

A Mercedes 4×4 was destroyed during an arson attack in Ravensdale yesterday evening.

According to LMFM, the Co Armagh owner of the vehicle had left it in the car park of Ravensdale Forest Park but returned from a walk to find it alight.

A large rock had been used to smash the windscreen before it was set on fire. The Mercedes ML 270 was completely destroyed in the blaze.

Gardaí are now investigating the incident, with the car removed from the scene for technical examination. Anyone with information is asked to contact Dromad Garda Station.