A decision by the Minister for Justice to refuse a request from former Fianna Fail minister of state Ivor Callely for enhanced remission on his prison sentence is unlikely to be changed, informed justice sources say.
Callely (57) is expected to be forced into starting another expensive legal challenge if he is to avoid being returned to prison in the coming weeks. He is on bail having been released six days early from a five-month prison term for lodging fraudulent expenses claims during his time in the Oireachtas.
The Irish Times understands the State will pursue the Dubliner for any costs it may be entitled to arising from the legal action taken to date and for any further costs that may arise.
A High Court ruling last week quashed the State’s refusal to grant Callely enhanced remission and ordered the decision be reviewed. Sources familiar with his case said it was “highly unlikely” the decision would be changed.
They pointed out that Mr Justice Anthony Barr upheld the Irish Prison Service’s decision to refuse Callely temporary release while he was in jail last year, and said the prison service, via a direction to the Minister for Justice, was told to reconsider the refusal of the enhanced remission.
“The ruling doesn’t make any comment on whether he should have been granted or refused remission and it’s very difficult to see the decision being changed,” said one source.
The Irish Times understands the review of Callely's request for remission of one-third of his sentence, rather than the 25 per cent all prisoners are automatically entitled to, should be completed by the end of this week or in early August.
The decision will then be relayed to him. If it is decided he was entitled to enhanced remission, his sentence will have expired and his bail no longer required. If the decision to refuse him remission is upheld, he will be required to return to jail for six days.
If the prison service review upholds the decision to refuse him enhanced remission, he could return to the courts and challenge that, and would need further bail to remain at liberty while that appeal progressed. Such a process would take time and would be expensive.
Fr
audulent expenses
The Irish Prison Service said it would not be making any comment. Callely received his five-month sentence last July after admitting he fraudulently claimed €4,207.45 expenses from the Oireachtas on forged mobile phone invoices.
Allowing for the regular 25 per cent of remission he was entitled to, he was scheduled to spend 150 days in jail and be released at the expiry of his sentence on November 18th last.
He first applied for temporary release some 28 days into his sentence. That was refused and further applications followed on September 17th and October 21st and 23rd.
On October 17th, after his first two applications for temporary release were refused, he applied for enhanced remission of one-third of his jail term. On November 7th, when both his request for temporary release and enhanced remission had been rejected by Tony Hickey of the Irish Prison Service operations directorate, Callely commenced a legal challenge.
He sought a judicial review of the refusal of the Minister for Justice, via the prison service, to refuse him temporary release and enhance remission. He was granted bail on November 12th pending the outcome of his challenge.
