The Release of Prisoners Commission has yet to issue its advice about whether Dessie O'Hare should be released under the terms of the Belfast Agreement although his case was referred to it almost a year ago, the High Court was told yesterday.
The Commission is still considering the prisoner's application, Mr Justice O Caoimh, who earlier this month expressed concern there should be no "foot-dragging" in this case, was told.
O'Hare's application was referred to the Commission by the Minister for Justice, Equality and Law Reform, Mr O'Donoghue, in November 2000.
The Commission may advise the Minister whether prisoners should be released or not but the Minister is not bound by such advice. O'Hare was jailed for 40 years in 1987 for kidnapping and assaulting the dentist Mr John O'Grady. At previous hearings, he described himself as a member of the Irish National Liberation Army (INLA) and officer commanding the INLA in Portlaoise prison.
The INLA was on recognised ceasefire which he supported, O'Hare said. He said he was jailed by the non-jury Special Criminal Court in 1987 and three of his co-accused have all been released.
Mr O'Donoghue specified in November 2000 that O'Hare was a "qualifying prisoner" for early release under the Belfast Agreement.
In the light of that, O'Hare's lawyers submitted he should have been freed by July 2000.
Later in November 2000, the Minister referred the case to the Commission to advise him regarding the possible release of O'Hare.