As four men face sentencing today for the manslaughter of Det Garda Jerry McCabe, it has emerged that the Government last year rejected a Sinn Fein request to have them included in the early-release scheme for prisoners.
During the final days of negotiations before the Belfast Agreement was signed last April, two senior Sinn Fein figures, understood to be Mr Pat Doherty and Mr Martin Ferris, asked Government officials to include the men arrested for the murder of Det Garda McCabe in the list of those eligible for early release.
Their request was turned down flat by the Secretary of the Department of Justice, Mr Tim Dalton. It is also understood that in the final hours of the talks, Mr Gerry Adams and Mr Martin McGuinness, made a second request - this time directly to the Minister for Justice, Mr O'Donoghue, in Stormont. According to well-placed sources, Mr O'Donoghue advised them that his officials had already dealt with the matter.
The Garda Commissioner, Mr Pat Byrne, said yesterday that this week's decision to accept manslaughter pleas by the four men originally accused of the capital murder of Det Garda McCabe was a pragmatic one, based on the "reality" of the case.
"I would have been aware of developments in the case as it progressed in court, and also aware of the strengths and weaknesses of cases, and at the end of the day decisions in relation to accepting a plea are a matter for the DPP, both legal teams and also my officers," he said. "So one must be realistic in this matter."
Asked if he felt the case was not strong enough to secure a capital murder conviction, he said it was difficult to anticipate the outcome of a prosecution.
Mr Byrne's comments echo the sentiments of investigating officers, who have said they believe the plea was the best possible outcome to the case, proving they had pinpointed those responsible.
Speaking before an awards ceremony in the Garda Training College in Templemore, Co Tipperary, Mr Byrne said he was concerned at reports of intimidation of witnesses in the case, and gardai would be looking into it.
The Special Criminal Court yesterday heard pleas of mitigation on behalf of the four who have pleaded guilty to the manslaughter of Det Garda McCabe at Adare, on June 6th, 1996.
They are: Kevin Walsh (42) and Michael O'Neill (46) both from Patrickswell; Pearse McCauley (34) from Strabane, Co Tyrone; and Jeremiah Sheehy (36) from Rathkeale, Co Limerick.
A fifth man, John Quinn (30), from Patrickswell, Co Limerick, has pleaded guilty to conspiracy to commit a robbery in Adare in June 1996.
Gardai are still seeking two men, one from Cork the other from Dun Laoghaire, suspected of being present when Det Garda McCabe was shot. One is believed to be in South America and the other on the Continent.
The president of the Alliance Party, Mr Philip McGarry, last night said the Government must clarify why it would not permit early release to the men convicted of killing Det Garda McCabe.