A man serving a 12-year prison sentence for offences connected with the kidnapping of a bank manager and his family in 1993 claimed in the High Court yesterday that his human rights had been violated when he was convicted by the Special Criminal Court in 1997.
Joseph "Jo Jo" Kavanagh, Benbulben Road, Crumlin, Dublin, through his counsel, Dr Michael Forde SC, submitted that he was entitled to equality before the law and therefore to a trial by jury.
In October, 1997, Kavanagh was convicted by the Special Criminal Court of robbery, possession of a handgun with intent to commit an offence and demanding cash with menaces with intent to steal. He was sentenced to 12 years.
About two years of the 12-year term, taking account of remission, remain to be served. Kavanagh is seeking leave to bring judicial review proceedings to have his convictions quashed and to be freed. He is also seeking a declaration that Section 47 (2) of the Offences Against the State Act is incompatible with the UN Covenant on Civil and Political Rights and is repugnant to the Constitution.