Garda groups have welcomed the decision of the Director of Public Prosecutions to appeal the 14-year sentences handed down to two of the killers of Det Garda Jerry McCabe, on the grounds that they are too lenient.
It is the first time the DPP has appealed a sentence handed down by the Special Criminal Court, under new powers given to his office in 1993.
The Court of Criminal Appeal is expected to examine the two 14-year sentences handed down to Kevin Walsh (42) and Pearse McCauley (34) next month.
The DPP's office lodged the appeal on Wednesday, shortly after 4.30 p.m., less than 24 hours before the appeal deadline expired. It is possible that the sentences could be reduced. A senior legal source said last night it was open to the Court of Criminal Appeal to adjust the sentence as it sees fit. Defendants who appeal their sentence run the risk of having it increased, and the opposite would apply to an appeal by the DPP against leniency. However the source said it would be unusual for a sentence appealed on the grounds of leniency to be reduced.
The two other men charged with manslaughter, Jeremiah Sheehy (36) and Michael O'Neill (46), were sentenced to 12 and 11 years respectively. All four were also given five-year sentences for maliciously wounding Det Garda Ben O'Sullivan and five years for possession of firearms with intent to commit a robbery. The sentences were ordered to run concurrently.
It is possible that the court would increase the sentences of Walsh and McAuley by ruling that their sentences should run consecutively.
Det Garda McCabe (52), a father of five, died after being shot in his patrol car while escorting a post office van in 1996.
Last month, the four men changed their plea from not guilty of capital murder to guilty of manslaughter. The prosecution counsel told the court there was not enough evidence to convict the men of capital murder. The Garda Representative Association condemned the decision to accept the lesser charge and called on the DPP to appeal the sentence.
Yesterday its acting general secretary, Mr P.J. Stone, said the GRA welcomed the news of an appeal. "We are somewhat content that the highest law officer in the land has seen the inadequacies of the sentences handed down. I think the membership as a whole will be relieved."
A spokesman for the Association of Garda Sergeants and Inspectors also welcomed the development. However, he said as the matter was effectively before the courts for a second time the AGSI would not be making any further statement.
The Taoiseach, Mr Ahern, and the Minister for Justice, Mr O'Donoghue, both gave assurances at the time of the change of plea that the men would not qualify for early release under the Belfast Agreement.
The Government had already said anyone convicted of the McCabe murder would not benefit from early release.
Opposition politicians pressed them to qualify this statement in the light of the change of plea. The GRA met the Minister for Justice, following the sentencing and issued a statement afterwards urging the DPP to appeal the sentences.
