A man serving a 40 year sentence for murdering a garda is due for early release following a Supreme Court decision that he is eligible for remission. Noel Callan was originally sentenced to death for the capital murder of Sergeant Patrick Morrissey in Tallanstown in 1985.

Noel Callan's accomplice shot Sargeant Morrissey in the head as the robbers were confronted escaping a raid at the Labour Exchange in Ardee in 1985.

The Special Criminal Court imposed the death sentence on the then 22-year-old but that was commuted to 40 years penal servitude and ultimately he wound up in jail.

Noel Callan appealed a High Court decision that he was not entitled to remission on his lengthy sentence.

In its findings the Supreme Court branded 'a nonsense' arguments by the State that Callan was ineligible for early release because he was serving a commutation rather than a sentence.

The court has unanimously ruled Mr. Callan can be considered for remission and after 27 years in jail that means he is likely to be released within the next 3 years.