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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>

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    Mute hollythetout
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    Feb 28th 2013, 12:08 AM

    Why don’t ye invent horse free meatballs ?

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    Mute Shane Morton
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    Feb 28th 2013, 12:20 AM

    Didn’t take long……

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    Mute baby talk
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    Feb 28th 2013, 8:35 AM

    Sky +. No more arguments about missing your favourite programme. The best invention by far in our house – the blessed record button !!!!

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    Mute Podge Corbally
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    Feb 28th 2013, 12:01 PM

    Thanks be to Sky

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    Mute Charlotte Chaudhry
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    Feb 28th 2013, 6:03 PM

    Even with Sky+ people cancel. Or they clash. The old way I think the best.

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    Mute Carcu Sidub
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    Feb 28th 2013, 8:18 AM

    And there was I thinking it was Divorce that stopped domestic rows.

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    Mute Alslouth
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    Feb 28th 2013, 10:33 AM

    Me and the wife have the two sided elec blanket one in her room and one on mine.

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    Feb 28th 2013, 8:57 AM

    Why do women always leave the toilet seat down ????

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    Mute Mags Louth
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    Feb 28th 2013, 9:26 AM

    To keep the smell of the last man to use it at bay!

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    Mute Ian Crowley
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    Feb 28th 2013, 11:37 AM

    Everyone knows that girls are smelly and ugly! Why else would you wear make-up and perfume?

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    Mute Sharon Moore
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    Feb 28th 2013, 8:40 PM

    They must be queuing out the door with smooth talking like that…..

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    Mute Lauren Halligan
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    Feb 28th 2013, 10:01 AM

    There’s a two-sided electric blanket…? How am I only hearing of this now…?

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    Mute Charlotte Chaudhry
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    Feb 28th 2013, 6:05 PM

    I know. I never heard of that until now.

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    Mute una nolan
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    Feb 28th 2013, 9:49 PM

    Have 1 for years , bought in a small hardware shop in Goresbridge !

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    Mute Gary Guilfoyle
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    Feb 28th 2013, 8:13 AM

    I never got the whole toilet seat thing.

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    Mute Cpm
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    Feb 28th 2013, 10:32 AM

    You share?

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    Feb 28th 2013, 10:05 PM

    Yeah, I prefer half toilets too.

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    Mar 1st 2013, 12:27 AM

    Try aiming Gary..

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    Mute Dec Rowe
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    Feb 28th 2013, 10:44 AM

    The dishwasher is a total waste of money!! Hasn’t it been scientifically proven that women are better and faster dishwashers than machines?

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    Mute Paddy Murray
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    Feb 28th 2013, 12:25 AM

    Now that is the saddest comment of the year so far.

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    Mute chris topher
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    Feb 28th 2013, 1:48 PM

    I don’t see a wife shutter upper machine on the list. We have the flippy toothpaste at home and I leave it open most of the time and I wouldn’t have an electric jacks seat in case I got a shock when my aim goes wonky after a few beers.

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    Feb 28th 2013, 3:52 PM

    Eastenders and holby city buys me some peace every now and then

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    Mute Stuart Hyland
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    Feb 28th 2013, 3:53 PM

    And we don’t have rows,because I’m right all of the time.

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    Mute Glenn O'hAilpín
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    Feb 28th 2013, 11:25 AM

    No disrespect meant Susan and point taken with my apologies.

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    Mute hjGfIgAq
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    Feb 28th 2013, 11:41 AM

    Hey, no worries Glenn!

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    Mute Neil Burke
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    Feb 28th 2013, 7:18 PM

    The automatic toilet seat is ridiculous. A better idea would be a toilet that will not flush until the lid is put down. It will solve the seat up/down argument and be much more hygienic, saving toothbrushes from micro-spray of fecal contaminants.

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    Mute Cpm
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    Feb 28th 2013, 10:33 AM

    Why aren’t hurleys mentioned?

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    Mute Thomas Johnston
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    Feb 28th 2013, 11:12 AM

    I just got sucked/tricked into reading an advertisement.. sneaky TheJournal.. very sneaky!! Now, can I have my two minutes back please?

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    Mute hjGfIgAq
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    Feb 28th 2013, 11:44 AM

    Hi Thomas, Please note the reply to Glenn (above). This is clearly marked as a sponsored post, with branding and placed in a specially bordered box which shows that it is an ad and not a regular TheJournal.ie article. If you choose to click and read after all those flags, then that’s entirely your responsibility. We’re not in the business of tricking anybody (and I hope you enjoyed it anyway!).
    Thanks, Susan, Editor, TheJournal.ie.

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    Mute Thomas Johnston
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    Feb 28th 2013, 11:57 AM

    Thanks Susan – sure I was only messin’ – I enjoyed it so much I read it twice! :)

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    Mute hjGfIgAq
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    Feb 28th 2013, 12:03 PM

    Thomas, did we just have our first domestic? To make up for it, I’ll load the dishwasher for a month ;)

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    Mute Glenn O'hAilpín
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    Feb 28th 2013, 11:07 AM

    So Ikea sponsor the Journal and now contribute editorials. They could do with learning what’s newsworthy and what isn’t.

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    Mute hjGfIgAq
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    Feb 28th 2013, 11:10 AM

    Hi Glenn, This is clearly marked as a sponsored post, branded and posted in a specially flagged/bordered box to show so. There is no attempt to hide this and it is up to you whether you want to click into the ad and read it or not.
    Thanks, Susan, Editor, TheJournal.ie.

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    Feb 28th 2013, 10:17 AM

    I love the way you sneaked that ADD IN . Priceless .

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    Mute Robert Ferguson
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    Mar 1st 2013, 3:50 AM

    Well done susan,ive no problem with the dishes,just eat in the mistresses house.

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    Feb 28th 2013, 11:06 PM

    How are the meatballs going lads?

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