Terrorist McKevitt's bid to get out of jail
Convicted terrorist Michael McKevitt has brought fresh legal proceedings aimed at securing his early release from prison.
Last month McKevitt (65), from Blackrock, Co Louth, sought an inquiry under Article 40 of the Constitution claiming his continued detention at Portlaoise Prison is unlawful.
He was jailed for 20 years in 2003 for directing terrorism and membership of the Real IRA. He argued that he was entitled to one-third remission of his sentence for good behaviour and participating in specified prison activities.
Yesterday, McKevitt withdrew his application following a ruling by the Supreme Court in a case where similar legal points had been raised. The Supreme Court held the application ought to have been taken by way of judicial review.
Mr Justice Kevin Cross gave McKevitt permission to have the High Court consider if he should have been released him.
In his proceedings against the minister and the State, McKevitt's barrister said the minister did not give proper consideration to his request for enhanced remission.
McKevitt also claims the minister may have considered improper material, including a report from the Garda Siochana, that he was likely to re-offend if released.
Lawyers for the State told Judge Cross they intend to oppose McKevitt's new application.