The courts cannot decide or interfere with government policy in relation to the early release of prisoners, lawyers for the State argued at the High Court yesterday.
The State is opposing an application by two men, one of whom is convicted of the manslaughter of Det Garda Jerry McCabe in Adare, Co Limerick, in 1996, for a declaration that they are entitled to early release under the provisions of the Belfast Agreement.
The hearing before Mr Justice Peart concluded yesterday and judgment was reserved.
Michael O'Neill, a general operative detained at Castlerea prison, was convicted in February 1999 of the manslaughter of Det McCabe, the malicious wounding of Det Garda Ben O'Sullivan and possession of firearms for the purpose of a robbery at Adare on June 7th, 1996. He was jailed for 11 years.
John Quinn, a carpenter and joiner, also detained at Castlerea, was convicted in February 1999 of conspiracy to commit a robbery at Adare in June 1996 and was sentenced to six years.
They contend that the Belfast Agreement provides for a two-year period of release for prisoners expiring in July 2000.
Yesterday, Mr Seán Ryan SC said the court could not decide government policy in relation to the early release of prisoners. He argued the matter involved the fundamental question of the separation of powers and the distinction between the legislature, Executive and judiciary. He said the Minister bore the responsibility of letting somebody out of prison.
Mr Ryan said the 1998 Release of Prisoners Act did not create the powers of release contended for by the applicants. The Supreme Court had also rejected the claim to a right of release under the agreement, he said.
Mr Michael Forde SC, for the applicants, has argued that about 57 prisoners in the State and 444 in Northern Ireland had been released under the Belfast Agreement and that his clients were entitled to similar treatment.