Courts / Louth / Report

Garda killer seeks immediate release from prison

Summary

Michael McHugh, convicted in 1985 of the murder of Garda Sergeant Patrick Morrissey, is seeking immediate release from Portlaoise Prison in High Court proceedings against the Governor, the Minister for Justice, the Irish Prison Service, and the DPP. McHugh was originally sentenced to death, a penalty commuted to 40 years' penal servitude by President Patrick Hillery. He argues that he is entitled to credit for five months of pre-trial custody served between July and December 1985, which would mean his sentence expired on July 1, 2024. The State parties oppose the application, contending that McHugh has no automatic entitlement to this credit and that the authorities lack the power to adjust the sentence given the original death penalty. McHugh's counsel, Micheal Ó Higgins SC, submitted that the decision to ignore those months was wrong and that the failure to grant credit breaches his rights to natural and constitutional justice. He also challenges the rejection of his pre-release programme application. The defendants argue that McHugh does not have the power to take the five months into account as the original court sentence imposed was the death penalty. The hearing before Mr Justice Paul McDermott continues.

Who, what, where, when and why

What: Report matter: Garda killer seeks immediate release from prison. Charges or matters: "an appalling act", the decision not to take those months into account was wrong, counsel submitted. Procedural stage: sentence

When:

• July 3rd Hearing Or Sentence
• December 3rd 1985 Hearing Or Sentence
• July 1st Other
• December 1985 Hearing Or Sentence
• June 27th, 1985 Hearing Or Sentence
• 2015-07-27 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

Related court reports

• 7 of Ireland's Longest Serving Prisoners
• Garda killer loses High Court action aimed at securing early release

Read the original CNI report