Michael McHugh, convicted of the 1985 murder of Garda Sergeant Patrick Morrissey, has lost a High Court action seeking his immediate release from prison. McHugh, with an address in County Armagh, was sentenced to death for the killing, which occurred following an armed robbery at Ardee Labour Exchange in County Louth. His sentence was subsequently commuted to 40 years penal servitude. McHugh argued he was entitled to credit for five months spent in pre-trial custody between July and December 1985, contending this entitled him to release after 30 years served. Mr Justice Paul McDermott dismissed the action, finding the court had no function in compelling the Minister for Justice to grant further sentence remission or commutation. The judge stated the Minister retained discretion to consider McHugh's claim but was not obliged to do so, and was entitled to consider the gravity of the offence. McHugh has served his sentence at Portlaoise Prison and is due for release in December. A related action remains pending before the High Court.
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