The High Court has begun hearing a challenge by a second convicted murderer to the constitutionality of the mandatory life sentence in murder cases.
Paul Lynch (30), now detained in the Midlands Prison, pleaded guilty in 1997 to the murder of Donegal pensioner William Campbell (77) at Mr Campbell's home in September 1995 and was sentenced to life imprisonment.
Mr Campbell died after he was struck about seven or eight times over the head with a saucepan during a robbery at his home.
Lynch claims the sentence breaches his rights under the Constitution and the European Convention on Human Rights.
A similar challenge to the mandatory life sentence was opened earlier by Peter Whelan Ashsgrove, Underwood, Rochestown, Cork. Whelan is serving a life sentence for the murder of Ms Nicola Sweeney (20), a student, at her home in Underwood House, Rochestown, in April 2002, when Whelan was 20.
Both challenges are being heard by Ms Justice Mary Irvine.
In submissions yesterday, Mr Roger Sweetman SC, for Lynch, said the issue of the constitutionality of mandatory life sentences for murder had not been directly confronted before.
Lynch contends the life sentence breaches the Constitution by interfering with the right of a judge to perform his judicial functions in a manner consistent with his independence under the Constitution. The mandatory life term amounts to inhuman or degrading treatment or punishment in breach of the European Convention on Human Rights, it was further submitted.
In opposing the challenge, the State and the Minister for Justice argue that the relevant provisions of the European Convention on Human Rights Act 2003 do not apply to Lynch, given that he was imprisoned pursuant to a court order made in 1997.
The State further contends that a mandatory life sentence for murder is in accordance with the requirements of the Constitution.
The hearing continues today.