Courts / Louth / Report

Garda killer loses High Court action aimed at securing early release

Date
2015-10-20

Stage
Sentence

Primary locality
Tallanstown

County
Louth

Summary

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.

Who, what, where, when and why

What: Report matter: Garda killer loses High Court action aimed at securing early release. Procedural stage: sentence

When:

July 3rd Hearing Or Sentence
December 3rd 1985 Hearing Or Sentence
December 1985 Hearing Or Sentence
June 27th 1985 Hearing Or Sentence
2015-10-20 Publication

Case subjects

Michael McHugh

Applicant

Outcome: McHugh was initially sentenced to death for the murder. In his judgement Mr Justice Paul McDermott dismissed McHugh's case, stating that under the separation of powers the court could not compel the Minister for Justice to further commute or remit the sentence.

Patrick Morrissey

Applicant

Outcome: McHugh was initially sentenced to death for the murder.