A High Court judge has ordered an inquiry today into the lawfulness of the detention of five Dublin men who have been imprisoned since 2005 after being convicted of IRA membership.
The challenge arises after a Supreme Court decision last week that a Co Louth man had been unlawfully brought before the non-jury Special Criminal Court on a charge of membership of an unlawful organisation.
The five, Thomas Gilson (26), Bawnlea Avenue, Jobstown, Tallaght; Patrick Brennan (43), Lindisfarne Avenue, Clondalkin; Sean O'Donnell (34), Castle Drive, Sandymount; John Troy (27), Donard Ave; and Stephen Birney (33), Conquerhill Road, Clontarf, are in Portlaoise prison.
In February 2005, all five were jailed for four years by the Special Criminal Court after being found guilty of membership of an illegal organisation styling itself the Irish Republican Army, otherwise Óglaigh na hÉireann, otherwise the IRA on October 11th, 2002.
At the High Court yesterday, lawyers for the men applied for an inquiry, under Article 40 of the Constitution, into the lawfulness of their detention.
The inquiry was sought in light of the Supreme Court judgment last month in the case of a Co Louth man, Barry O'Brien (34), Mountain View Court, Dundalk.
In that case, the Supreme Court ruled that the failure to charge Mr O'Brien "immediately" after his rearrest on April 8th, 2004 meant his subsequent detention for more than 15 hours prior to his being charged before the non-jury Special Criminal Court the next day was unlawful.
The Supreme Court found Mr O'Brien was therefore unlawfully before the SCC and it did not have jurisdiction to try him. It quashed the Special Criminal Court's decision of December 14th, 2005 that he was lawfully before it on a charge of membership of an unlawful organisation.
Yesterday, the High Court was told all five men in the present proceedings were detained for periods of between 13 and 15 hours before they were brought before and charged at the Special Criminal Court.
Mr Justice Iarfhlaith O'Neill ordered that an inquiry into the legality of the men's detention take place at the High Court today and directed that the men be brought to court for it.
An appeal against the convictions was rejected last year by the Court of Criminal Appeal.