A Co. Cork man serving 40 years in jail for murdering a garda following a bank raid has lost a High Court case challenging his detention.
Colm O’Shea was sentenced to death by hanging at the Special Criminal Court for the capital murder of Garda Henry Byrne but the sentence was commuted in 1981 by the President.
On the 7th July 1980 Garda Henry Byrne was one of two policemen shot dead investigating a raid on the Bank of Ireland in Ballaghaderreen, Co. Roscommon.
Mr. O’Shea and 2 other men were convicted but subsequently had their death sentences for capital murder commuted to 40 years in prison by the President in 1981.
Having failed to win early release under the Good Friday Agreement Colm O’Shea claimed this time that his detention at Portlaoise Prison is unlawful because he has not been granted remission.
He has lost his case as the court has found commutation to be an exercise in clemency that is not capable of being remitted as it is not a punishment imposed by a court.
In the judgment remission is described as a privilege to which a person in custody has no right.
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