THE US Justice Department will today put a prisoner, Michael Martin, a native of Co Armagh, on a plane to Dublin to serve the rest of his sentence in Ireland.
In a landmark decision arising directly from the IRA ceasefire, the US Justice Department has agreed to allow Irish prisoners in the US to apply to serve their sentence in Ireland.
Martin is currently serving a 16 month sentence in Oakdale, Louisiana, on a charge related to buying detonators in Tucson, Arizona. He was due for release in two weeks.
Four other Irish prisoners serving time for IRA related offences have applied to be allowed to finish their sentences in Ireland.
The action comes only three months after Ireland signed the International Convention on the Transfer of Sentenced Prisoners, to which the US and the British are already signatories.
It is extremely unusual for the Justice Department to move with such speed, and an Irish embassy spokesman said: "This is a direct result of the peace process."
Supporters of prisoners were anxious that Martin should be returned to Ireland before his sentence expired so that the precedent could be established.
The other four prisoners are Peter Maguire, Co Monaghan; Seamus Moley, Co Armagh; Martin Quigley, Co Louth; and Kevin McKinley, Co Antrim, all serving sentences for IRA related offences.
Yesterday, Mr Justice Kinlen in the High Court in Dublin granted Martin permission to serve the remainder of his sentence in a prison at home. His was the first such application by an Irish prisoner abroad under the new mechanism.
Martin (38), sought the transfer under the Transfer of Sentenced Persons Act, which was brought into law last year.
Mr Justice Kinlen, granting the application, said he was satisfied Martin met the criteria for transfer. He made an order for his transfer and detention to Portlaoise prison until his release date next month.
The judge said he regretted the new legislation did not allow for the supervision element of his sentence to be provided for in Irish courts. It was not appropriate that he would be put on probation.
The Department of Justice did not oppose the application.
Granting costs to Mr Bobby Eager, Martin's solicitor, the judge said this was not to be taken as a precedent.