Dissident republican leader Michael McKevitt, who is serving a 20 year sentence for directing terrorism, has lost his High Court action aimed at securing his early release.
McKevitt argued his participation in structured prison activities meant he was entitled to enhanced remission of his sentence and he should be released immediately.
He claimed the Minister for Justice is obliged to approve time off for good behaviour following two High Court rulings earlier this year relating to remission.
He argued he is entitled to one third remission because he has participated in structured prison activities, including courses in computing, speech and drama, art, French, yoga, and an Open University course in creative writing, during his incarceration in Portlaoise Prison.
The Minister argued she was entitled to refuse remission on grounds including she could take into account Garda views and other matters stating there was a serious risk of him re-offending.
In his judgment, Mr Justice Peter Kelly found the Minister was entitled to refuse the application for enhanced remission and there was "ample material" before the Minister to enable her form the view she had.
Two previous judgments which ruled other prisoners were entitled to enhanced remission for carrying out structured activities were “simply incorrect”, he said.
Those judgments failed to take into account the crucially important discretion the Minister has in regards to application for enhanced remission, and her obligations to have regard for the actual likelihood of re-offending by McKevitt, he said.
The fact McKevitt had engaged in a number of activities aimed at reducing the risk of re-offending and achieving better reintegration into the community did not automatically entitle him to enhanced remission and early release, he said.
“An automatic assumption that the mere engagement in authorised structured activities reduces the likelihood of re-offending could bring about absurd results,” he said. “For example a convicted child pornographer who pursues computer courses or an embezzler who engages in advanced accountancy courses is by that fact alone surely not to be assumed to be reducing the likelihood of re-offending.”
The Minister was entitled to take into account all the information submitted, including submissions expressing “strong views” that McKevitt, who described himself as “a political hostage”, may re-offend on his release.
Garda submissions to the Minister said McKevitt would “re-engage in dissident Republican activity at a senior level upon his release”, the judge said.
Gardaí said the illegal organisation McKevitt represented at the time of his conviction continues to pose a threat to the State and Northern Ireland and McKevitt’s release would undoubtedly provide a major boost to his illegal organisation.
Other submissions stated the prison wing where McKevitt and other republican prisoners are incarcerated is one where the prisoners operate quasi military structures reflecting their membership of prescribed organisations.
Even if the Garda views were excluded, there was “abundant information” which would enable “any reasonable Minister” to form the view McKevitt was not entitled to enhanced remission.
There was nothing to justify the court interfering with the Minister’s decision and no evidence the discretion was exercised in a capricious, arbitrary or unjust way, he added.
McKevitt (65), Beech Park, Blackrock, Co Louth was jailed for 20 years in 2003, backdated to 2001, for directing terrorism and membership of the Real IRA. With the normal one quarter remission, his release date is scheduled for July 2016. Had his application been successful, McKevitt said he should have been released last July.