The Garda Representative Association has criticised the decision to grant temporary release to two IRA men convicted of the 1996 killing of Det Garda Jerry McCabe.
Mr Paul Brown, a member of the GRA executive, yesterday said a local garda witnessed one of the gang, Jeremiah Sheehy, in the company of a woman at the Rathkeale Inn in Co Limerick at 9.30 a.m. last Sunday. He returned to prison on Monday. Sheedy had been granted temporary release by the Prison Service to visit his sick mother.
A second man convicted of the killing, Pearse McAuley, was found in a pub in Lifford, Co Donegal, last October when it was raided by local gardai after hours. He had been granted temporary release to visit his sick father.
Mr Brown said on both occasions gardai were not informed the men were in their vicinity. There appeared to be no reason for them to be granted temporary releases from Castlerea prison.
"Certainly it would be the practice that the gardai would be informed . . . there was a practice broken."
He said Det Garda McCabe's widow, Mrs Ann McCabe, was "devastated" by the reports and was highly critical of the Department of Justice for its failure to alert her to the fact the men were on temporary release.
Kevin Walsh, Jeremiah Sheehy, Michael O'Neill and Pearse McAuley were convicted of the killing last February and are serving sentences of between 11 and 14 years.
A spokesman for the Department of Justice yesterday confirmed a number of persons convicted in connection with the killing had recently been granted compassionate parole.
"Their applications were considered in accordance with normal criteria. No reports of breaches of the conditions surrounding their period of temporary release have been received by the prison authority. Any such report would be fully investigated," he added.
Sinn Fein MLA Mr Gerry Kelly said these prisoners should have been released by now and Sinn Fein would continue to campaign for their immediate release.
The legal basis for temporary release:
Temporary release is provided for under the Criminal Justice Act 1960.
There is no minimum period of the sentence which has to be served before a prisoner may avail of the temporary release. The conditions of prisoners' releases are communicated to them in writing. Prisoners sign a form acknowledging they are aware of the terms of the releases and when they expire.
A prisoner on release must keep the peace and be of good behaviour and of "sober habits". Further conditions may be added.
Day-to-day release is normally considered when prisoners are nearing the end of their sentences. Full temporary release is considered on compassionate grounds in cases where urgent family or domestic circumstances arise.
A prisoner on temporary release may be regarded as unlawfully at large if the period has expired or a condition has been broken.