Jailed former politician Ivor Callely was freed from prison on bail today pending his legal action aimed at overturning the Minister for Justice’s refusal to grant him temporary release.
Callely (56) was jailed for a total five months last July after admitting he fraudulently claimed €4,207.45 in expenses from the Oireachtas on forged mobile phone invoices.
The President of the High Court, Mr Justice Nicholas Kearns, said yesterday the balance of justice was in favour of granting the former Fianna Fáil politician bail pending his judicial review challenge to refusals to grant him either temporary release or enhanced remission.
The judge accepted arguments from Callely’s lawyers his case would be moot if he was not granted bail. The judge also agreed with Callely’s lawyers he has been a “model” prisoner and did not represent a flight risk or risk of re-offending.
The case raised “important legal issues,” particularly concerning a prisoner’s entitlement to enhanced remission of up to one third of their sentences for good behaviour, the judge said.
Given the importance of these matter, the action should be heard as soon as possible and would be given priority by the court, he added.
Callely was not in court for the bail application. He was remanded on bail on his own bond of €100, to be entered into before the Governor of Wheatfield Prison.
Earlier, Kieran Kelly BL, for Callely, said his client is entitled to a third remission and, if granted that, would be out of prison. If the normal one quarter remission is applied, his release date was November 18th, counsel added.
If Callely was denied bail and later won his case, he would be unable to get back those extra days spent in prison, counsel said.
If bail was granted, and Callely’s action was ultimately unsuccessful, he would return to prison to serve out the remaining days of his sentence.
In a sworn statement, Padraig O Donovan, solicitor for Callely, said there was “no prejudice” to anyone if bail was granted and his client knew he would have to serve any outstanding period of imprisonment if his case failed.
Callely will live with a relative in Raheny while on bail and will comply with any conditions deemed necessary, he added. The State, represented by John Fitzgerald BL, opposed the bail application. Counsel said Callely was being held “on a valid order of detention” and any decision by the Minister to grant temporary release or enhanced remission was discretionary.
Last month, Minister for Justice Frances Fitzgerald refused Callely’s application for temporary release, stating she was “of the view the breach of trust and abuse of public funds by a member of the Oireachtas must be considered in the most serious terms” and Callely was “not considered suitable for temporary release at this stage of his sentence”.
In his judicial review, Callely claims the Minister’s decision is unfair and he is not being treated the same as other prisoners, who have committed more serious crimes. The Minister has been unfairly influenced by his high profile and the prospect of the adverse public reaction of his early release, he also alleges.
He also claims he has fulfilled all the prescribed requirements for temporary release and has been told by staff at Wheatfield Prison he is only being kept there because of his high profile.
While the Minister refused him temporary release, she had granted temporary release from prison to a former Fine Gael councillor, he also claims.