Seamus Marley, alleged IRA man jailed for rape, fails in High Court challenge to detention

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Seamus Marley, an alleged IRA man serving a seven-year sentence for raping two teenage boys, has failed in a High Court application seeking his release from jail. Mr Justice David Holland refused to direct an inquiry into the lawfulness of Marley’s detention at the Midlands Prison.

Marley had claimed that prison authorities failed to give him reasonable access to his solicitor. He said this affected his ability to progress proceedings, brought the previous year, alleging a miscarriage of justice in relation to his conviction. He then brought separate High Court proceedings challenging his detention under Article 40.4 of the Constitution.

The judge refused to direct an inquiry but said he would treat the case as an application for leave to bring a judicial review. In that, Marley could seek an order directing the governor of the Midlands Prison to deal with his complaint about access to lawyers. The judge said he needed further information and directed that the application for leave be heard on notice to the prison governor and the State. He noted the issue was capable of resolution through “constructive engagement”, which might not require a hearing at all.

The seven-year sentence was imposed in May 2019 for offences against the two boys in the early 1990s. In 2020, Marley was refused an extension of time to appeal that sentence.