A man serving a 40 year sentence for the capital murder of a Garda Sergeant in Co Louth in 1985 has lost his bid to reopen his case.
The Court of Criminal Appeal ruled today that Noel Callan had not raised a point of law of exceptional public importance, which required to be determined by the Supreme Court, arising from its decision last December refusing him leave to reopen his case.
It said Callan appeared to be trying to raise completely new points of law which had not arisen from the Court of Criminal Appeal judgment.
Mr Justice McCracken, giving the judgment of the three judge court, said it also did not consider it to be in the public interest that Callan should be permitted to use his own criminal behaviour in committing perjury at his trial to be the basis of an appeal to the Supreme Court.
Callan (39), of Cullaville, Castelblayney, Co Monaghan, was convicted at the non-jury Special Criminal Court in 1985 of the capital murder of Sergeant Morrissey (49).
Sgt Morrissey was shot dead on June 27th,1985 at Rathbrist, Tallanstown, Co Louth, following an armed robbery earlier that day at Ardee Labour Exchange.
His co-accused, Michael McHugh, of Clonalig, Crossmaglen, Co Armagh, was also convicted of capital murder.
Both men were sentenced to death but the sentences were later commuted to 40 years imprisonment. They also received 12 year sentences for the robbery.