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Wednesday, February 07, 2007

McCabe killers must pay own legal costs

Two of the killers of Limerick Detective Garda Jerry McCabe have been ordered by the High Court in Dublin to pay their own legal costs from their failed legal action in getting early release from prison.

RTE reports on the case involving Pearse McCauley from Tyrone and Jeremiah Sheehy from Limerick,

The normal rule on costs was that they go to the winning side, Mr Justice Daniel Herbert indicated. It was only in 'exceptional' circumstances that rule would not apply and this case was 'not sufficiently wide enough' to be considered exceptional.

Rejecting the men's challenge last December, Mr Justice Herbert said it was 'wholly legitimate' for the Minister for Justice and the Government to require that the prisoners convicted of the killing should, as punishment for 'the unique and shocking nature of the crime', serve the sentences imposed on them.

He rejected arguments by McCauley and Sheehy that they should be released because they were qualifying prisoners under the terms of the Good Friday Agreement and ruled there was 'no unjustifiable discrimination' between the two men and the 57 other prisoners who have been freed under the Agreement.

The report also states that if granted remission Pearse McCauley would be free in August 2009 with Jeremiah Sheehy walking in February ‘08

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