A man serving a 10-year sentence in Portlaoise Prison for firearms offences has challenged a refusal to send him for assessment to qualify for early release under the Belfast Agreement.
Henry Doherty (50) is a former member of the INLA who says he left the group in 1985. He claimed in the High Court he is entitled to be considered for early release because the offences for which he is serving sentences are similar to those scheduled in Northern Ireland, and because he is not a member of an organisation that is not maintaining a ceasefire. As the two-year period for the release of qualifying prisoners had passed, Doherty claims his continued detention is unlawful.
The Minister for Justice has refused to refer his case for assessment by the Release of Prisoners Commission because there is no indication his offences were committed in connection with Northern Ireland and because he is not a member of an organisation specified in the agreement.
In an affidavit, Doherty said he became involved in the republican movement around 1970 and served a 12-month sentence in Northern Ireland from 1973. He was housed with Official republican prisoners. After his release in 1974, he said he was involved in forming the Irish Republican Socialist Party and the INLA.
He was currently not a member of an unlawful organisation. "My status in relation to the political struggle in Northern Ireland has been as a non-aligned participant and I am now serving my sentence as a non-aligned prisoner." He added that the INLA had declared a ceasefire.
The State denies the claims. In an affidavit, Mr John Kenny, principal officer in the prisons division of the Department of Justice, said where it was considered that an applicant for release came under the terms of the Belfast Agreement, the matter was referred to the Minister, who had discretion to specify him as a "qualifying prisoner". It was not considered that Doherty came within those terms. There was no indication the offences for which he was serving a sentence were committed in connection with the Northern Ireland situation.
