The Brixton Prison escaper Nessan Quinlivan has sought a High Court order directing his release from prison on the grounds that his detention on a charge of false imprisonment is unlawful.
In a surprise move yesterday, Mr Gerard Hogan SC, for the Attorney General, interrupted the proceedings seeking to have Quinlivan's bail revoked. Quinlivan was granted bail pending the determination of extradition proceedings against him.
Mr Hogan said the Garda believed Quinlivan would not attend his extradition hearings.
Ms Mary Ellen Ring, for Quinlivan, said he had been on bail in relation to the extradition proceedings from December 1995 until October 1996 when he was arrested on a false imprisonment charge. He was refused bail on that charge.
Mrs Justice McGuinness said she would adjourn hearing of the bail application until this morning in order to give Quinlivan's legal team time to respond.
Quinlivan (31), of Knockalisheen Avenue, Ballynanty Beg, Limerick, is in custody awaiting trial on November 11th on a charge of falsely imprisoning Mr Michael Lyons at Garryowen, Limerick, on August 25th last year. He is also wanted in Britain on foot of extradition warrants alleging conspiracy to murder, conspiracy to cause explosions, escaping from prison and wounding with intent. In an affidavit read to the court yesterday, Mr Michael Farrell, solicitor for Quinlivan, said the Special Criminal Court had, in a decision delivered on October 29th, ruled that the offence of false imprisonment contrary to Common Law and Section 11 of the Criminal Law Act 1976 had been abolished by the Non Fatal Offences Against the Person Act, 1997.
Mr Farrell said his client was awaiting trial on a charge of false imprisonment under common law. He said Quinlivan was in the same position as Joseph Kavanagh, who the Special Criminal Court had ruled could not be prosecuted on the charge of false imprisonment.
Opening his case, Mr Diarmaid McGuinness, for the governor of Portlaoise Prison and the DPP, submitted that Quinlivan was in lawful custody and could still be prosecuted for the offence of false imprisonment. He said Section 28 of the Non Fatal Offences Act had abolished the offence of false imprisonment under common law so the offence might not be committed afterwards, but had no other effect regarding offences previously committed, previously charged or pending.