Advertisement

We need your help now

Support from readers like you keeps The Journal open.

You are visiting us because we have something you value. Independent, unbiased news that tells the truth. Advertising revenue goes some way to support our mission, but this year it has not been enough.

If you've seen value in our reporting, please contribute what you can, so we can continue to produce accurate and meaningful journalism. For everyone who needs it.

Niall Carson

Ex-junior minister Ivor Callely will not have to go back to prison

It was confirmed yesterday that the former minister will not have to go back to jail for six days to serve out the remainder of his sentence.

Updated at 7.30am

FORMER TD AND Minister Ivor Callely will not have to return to prison following the State’s decision to allow him enhanced remission on the prison sentence he received for fraudulently claiming Oireachtas expenses on forged mobile phone invoices.

Callely’s solicitors yesterday confirmed that his application to the Minister for Justice for enhanced remission had been successful. As a result of the Minister’s decision he will not now have to return to Wheatfield Prison for six days to serve out the remainder of his five months sentence.

The High Court in July quashed a refusal by the Minister to grant him remission of sentence. His application was then remitted to the Prison Services for re-consideration.

Pádraig O’Donovan & Company Solicitors, who represent Mr Callely, confirmed to the media today that the former politician had received a letter from the Operations Directorate of the Irish Prison Service informing him of the Minister’s change of mind.

The decision, which was notified to Mr Callely on 20 August, follows the ruling of Mr Justice Anthony Barr quashing the initial decision of the Minister. Judge Barr found the Minister had failed to take all relevant matters into account, which she is obliged to do, when arriving at her decision.

It was learned yesterday that the State is not appealing the High Court’s decision.

Good behaviour

Barrister Kieran Kelly had initially brought the application towards the end of last year on behalf of Mr Callely challenging the Ministerial decision not to grant him enhanced remission and seeking his temporary release from prison.

Pending the challenge, Callely was released on bail after four months in prison.

He claimed he was entitled to one third remission of his sentence, as opposed to the normal one quarter, because he had demonstrated good behaviour by participating in structured prison activities, and that he was unlikely to re-offend.

Mr Kelly had argued that the Minister’s decisions were unfair and that Mr Callely was not being treated the same as other prisoners who had committed more serious crimes.

Callely claimed he had been told by staff at Wheatfield Prison that he should have been released early and was only being kept there because of his high profile and the fact he was “a hot potato”. He claimed he was punished twice.

Failure to properly assess evidence

In his judgment Mr Justice Barr said an error of material significance was made when the decision maker had failed to properly assess the available evidence as to the manner and the extent to which Mr Callely had engaged with the authorised structured activities made available to him.

These factors included reports from an assistant prison governor that there was very little chance of Callely reoffending, that he was a first time offender and that he had engaged fully with all the services and structured activities available to him in Wheatfield Prison.

Callely’s conduct in the prison was described to the court by the authorities as “impeccable”. The judge said other factors that ought to have been considered included the manner and extent the prisoner had taken to address his offending behaviour.

Callely’s application for enhanced remission was recommended by the assistant governor, and two retired members of the An Garda Siochana, the Judge also noted.

Mr Callely was unsuccessful in his challenge against the Minister’s refusal to grant him temporary release. The Judge found the Minister had, in a reasonable manner, exercised her discretion when refusing to grant Callely temporary release such as she was entitled to do.

In a subsequent ruling Mr Justice Barr also ruled Mr Callely was entitled to have legal costs paid for by the State.

Read: Justice Minister asked to consider early release of Ivor Callely again>

Read: Jailed former minister Ivor Callely granted bail after four months in prison>

Readers like you are keeping these stories free for everyone...
A mix of advertising and supporting contributions helps keep paywalls away from valuable information like this article. Over 5,000 readers like you have already stepped up and support us with a monthly payment or a once-off donation.

Close
72 Comments
    Install the app to use these features.
    Mute Rocky Dennis
    Favourite Rocky Dennis
    Report
    Sep 1st 2013, 11:13 AM

    I blame the lads in sector 7-G.

    125
    Install the app to use these features.
    Mute Egg Mcmuffin
    Favourite Egg Mcmuffin
    Report
    Sep 1st 2013, 11:18 AM

    Probably Lenny.

    49
    Install the app to use these features.
    Mute Spoddgy
    Favourite Spoddgy
    Report
    Sep 1st 2013, 11:26 AM

    Aahh it’s a secret!

    14
    See 2 more replies ▾
    Install the app to use these features.
    Mute Rocky Dennis
    Favourite Rocky Dennis
    Report
    Sep 1st 2013, 11:36 AM

    Sshhhhhut up!

    19
    Install the app to use these features.
    Mute Tony Skillington
    Favourite Tony Skillington
    Report
    Sep 1st 2013, 7:10 PM

    Sticky tape? ….

    3
    Install the app to use these features.
    Mute Ken Collins
    Favourite Ken Collins
    Report
    Sep 1st 2013, 12:03 PM

    I know duck tape can fix most things, but leaky radiation filled pipes is a new achievement! I hope they used some wd-40 too.

    88
    Install the app to use these features.
    Mute Peter Richardson
    Favourite Peter Richardson
    Report
    Sep 1st 2013, 11:14 AM

    This could be a more long term problem than Chernobyl

    55
    Install the app to use these features.
    Mute Bill
    Favourite Bill
    Report
    Sep 1st 2013, 11:17 AM

    TEPCO have said it will take anywhere between 40 and 100 years to properly contain the leaks and yet plans going ahead in island next door to us to build more nuclear plants and a kind of softening up process going on here that we should follow suit this madness must stop.

    40
    Install the app to use these features.
    Mute Stephen Fitzpatrick
    Favourite Stephen Fitzpatrick
    Report
    Sep 1st 2013, 11:26 AM

    It’s one of the older model reactors, yet it took an earthquake AND a tsunami to damage it enough to leak.

    Technology has become much safer since it was originally built – so long as they build the new plant using new tech, I’m not worried.

    54
    Install the app to use these features.
    Mute Bill
    Favourite Bill
    Report
    Sep 1st 2013, 1:03 PM

    @Stephen Would you be ok if they built one next door to you

    11
    See 1 more reply ▾
    Install the app to use these features.
    Mute Adrian de Cleir
    Favourite Adrian de Cleir
    Report
    Sep 1st 2013, 1:43 PM

    Bill the only reason I wouldn’t like it beside me is because of the eye sore, I would feel perfectly sage.

    Fukushima took more of a hammering than than anyone anticipated, a magnitude 9 earthquake and a massive tsunami, 1000s died across tho country.

    Fukushima was part of the disaster but wasn’t the disaster itself.

    22
    Install the app to use these features.
    Mute Dagda
    Favourite Dagda
    Report
    Sep 1st 2013, 1:42 PM

    Tepco has consistently underestimated the scale of this problem, they’ve lied to the public and they seem unwilling to accept help from anyone. The IAEA should demand access to Fukushima and compile their own report. The Japanese authorities have lost all credibility on this and things are getting worse.

    26
    Install the app to use these features.
    Mute Anthony Byrne
    Favourite Anthony Byrne
    Report
    Sep 1st 2013, 12:46 PM

    Fukushima is every bit as bad as chernobyl. Both were melt-down. Only chernobyl had the explosion to go with it.

    23
    Install the app to use these features.
    Mute Morticia
    Favourite Morticia
    Report
    Sep 1st 2013, 1:37 PM

    Melt down?

    5
    Install the app to use these features.
    Mute Anthony Byrne
    Favourite Anthony Byrne
    Report
    Sep 1st 2013, 2:01 PM

    Yep melt-down. Reactor core cooling system fails. Nuclear fuel rods overheat, and “melt-down” and become an un-contained unmanaged unmanageable mush of molten uranium emitting vast uncontrolled quantities of radiation and heat, contaminating everything it comes close to, including the groundwater system which freely roams around the local, and not so local environment thus distributing the contamination over a wide area.

    22
    Install the app to use these features.
    Mute Monkey Boy
    Favourite Monkey Boy
    Report
    Sep 1st 2013, 12:28 PM

    No nukes, No nukes,

    10
    Install the app to use these features.
    Mute Kevin Beakey
    Favourite Kevin Beakey
    Report
    Sep 1st 2013, 1:38 PM

    Will all that radioactivity create a mutant lizard like Godzilla and may reek havoc in New York in a few years time??

    6
    Install the app to use these features.
    Mute Garry Coll
    Favourite Garry Coll
    Report
    Sep 1st 2013, 11:52 AM

    Yeah, and the Pope is a Catholic.

    5
    Install the app to use these features.
    Mute Usawadee Wannapho
    Favourite Usawadee Wannapho
    Report
    Sep 1st 2013, 2:43 PM

    ‘Save The Whales’

    3
    Install the app to use these features.
    Mute Juan Carr
    Favourite Juan Carr
    Report
    Sep 1st 2013, 7:42 PM

    Leaking into or out of?

    1
Submit a report
Please help us understand how this comment violates our community guidelines.
Thank you for the feedback
Your feedback has been sent to our team for review.
JournalTv
News in 60 seconds