Four men serving jail sentences in relation to the death of Detective Garda Jerry McCabe in Adare have been gratned leave to challenge the circumstances under which they recieve temporary release.
Kevin Walsh, Michael O'Neill, Pearse McAuley and Jeremiah Sheehy, who are all in custody in Castlerea Prison, secured leave from Mr Justice John McMenamin to each bring judicial review challenges over what they claim is a policy since January 2004 to refuse them temporary release.
The four are serving sentences ranged from 11 to 14 years in connection with the attempted robbery of the post office at Adare, Co Limerick on June 7th, 1996 which resulted in the death of Det Garda McCabe.
They are also seeking declarations that the repeated refusals of temporary release since January 2004 is capricious, arbitrary and an unjust exercise of the temporary release powers of the Governor and the Minister for Justice. They also want a declaration that they are entitled to have their requests for temporary release reconsidered.
The men claim they have been singled out, in an arbitrary and unjust manner and without any objective justification, for exclusion from proper consideration for temporary release.
Patrick Gageby SC, for the men, said there appeared in the last two years to be a policy of refusing applications for temporary release to the men.
The court heard that until January 2004, each of the four had secured temporary release for visits to family members for special occasions or sickness but that all subsequent requests had been refused.
McCauley, originally from Strabane, Co Tyrone, and Sheehy, from Limerick, were jailed for 14 years and 12 years respectively in early 1999 after pleading guilty at the non-jury Special Criminal Court to the manslaughter of Det Garda McCabe.
Walsh (45) of Patrickswell, Co Limerick also got a 14 year-year jail term in connection with the Adare incident while O'Neill was jailed for 11 years. The judge returned the cases to December 19th.