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A MAN WHO has been incarcerated for 28 years for the murder of a garda is eligible for remission, a Supreme Court judge has said.
Noel Callan has been in jail since the 27 June, 1985, for the capital murder of Garda Sergeant Patrick Morrissey, after a robbery in Ardee, Co Louth.
Callan was 22 when the incident took place.
In court, Morrissey was described as emerging as “a courageous, indeed heroic, servant of the State”.
Callan’s imprisonment under sentence of death lasted from 3 December 1985 after his conviction and sentencing until 29 May, 1986.
His death sentence was commuted to penal servitude for 40 years. In 1997, penal servitude was abolished and replaced with imprisonment, meaning he has been imprisoned since 1997.
Callan claimed he is undergoing a sentence, and contended that he is a person who should be treated as undergoing a sentence of imprisonment.
A person undergoing imprisonment is, by law, entitled to remission of his sentence.
The State’s initial defence was that the President had commuted the death sentence to penal servitude on condition that the “full sentence of forty years” would be served without remission.
On the third day of the hearing, the State put forward a new case and contended that Callan was not serving a sentence but a “commutation”. It said this meant he was outside the scope of the prison rules.
Judgement
Mr Justice Hardiman said in his judgement that though the State said that Callan “is a prisoner ‘serving a commutation’”, he believed that “in terms of logic, law and language, this is nonsense”.
He continued:
In Ireland at the relevant time (December 1985) the Court was bound to impose a death sentence on conviction of capital murder. The President was bound to commute that sentence if so advised by the Government. It is clearly appropriate to describe the period of incarceration to which the appellant was condemned by the commutation by Act of the President on the advice of the then Government, as a sentence. The State itself so described it and resiled from this description only after it discovered that neither the Government nor the President had specified that there was to be no remission. But this has nothing to do with whether the forty year period is a “sentence”.
Judge Hardiman noted that “all prisoners sentenced to Penal Servitude for forty years since 1982 apart from three, one of whom is this appellant’s co-accused, have in fact been released by executive action”.
The Judge said that he had no doubt the prisoner “is presently serving a sentence of imprisonment”.
He said the court should make a declaration:
That the plaintiff is a person who has been sentenced to a term of imprisonment exceeding one month and is, therefore, eligible, by good conduct, to earn remission under Order 59(1) of the Prison Rules 2007 and is also a person to whom the provisions in respect of the possibility of greater provision, found in Rule 59(2) of the Prison Rules 2007, apply.
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This country is a joke. Sgt Morrisey was unarmed, shot and wounded and then executed as he lay defenceless on the ground. The only thing he did was to do his duty and serve the Irish public. This man does not deserve to be released at all let alone a second before his 40yr sentence expires. He already got his reprieve by not being executed.
Let him rot!!!
An absolute scandal.
the judge said… cant jail a garda , for he would suffer in jail. “Them and us” So you ieoinu would like the death penalty from the courts system which is not an exact science and can make human error. Its the gang think in the cartel that has the country the way it is out of control.
Thats bs. What ‘remission’ is available to the garda sgt or his family? If Callan was spared death then he should stay locked away forever
This decision is disgraceful and should be appealed to Europe. This is what’s wrong in this damn country. The majority of people want tough punishment for crime only to be let down time and time again by our judiciary.
He was sentenced to death and got a reprieve
It was changed to 40 years and now he wants out? No way!!
There is no reprieve for Sgt. Callan’s family after he was given a death sentence… dying on the streets, executed by this man…
He (the prisoner) is alive, his family can visit him for another 20 years while Sgt Callan’s family have only a grave to visit
Life should mean life for those who murder Gardai there has to be some deterrent for those who would consider such a heinous crime!
Sorry I got the names wrong but the sentiment remains the same
NO RELEASE!!! He took the life of an unarmed Garda, whose family have been left devasted since that tragic day. He should be grateful his sentence was commuted from the Death Penalty!!! Let him serve nothing short of 40yrs..
A disgrace
How is it. He served his time
No he didnt. 12 years to go.
His time is 40 years, not 28. No murderer should be getting out on remission.
Let him out… A lot of people in this country get out of jail before 12 for a life sentence, so why should this poor bloke be any different?
Release this man & let him live his life
Freeeeee Noel Callan.
Oh youre a troll. Well done you.
Free him & also give him a big compensation package for his trouble
12 years is a ridiculous amount of time in the funhouse
Stroked jammer…..the bleeding heart. No wonder the country’s the way it is with the likes of that thinking. Throw away the key!
‘coppers’ dont shoot half enough of these pointless vermin!
Wrong story… Put away your crack pipe
This a hole is a coward, he done the crime now do your time and man up you tiocfaidh, typical provo, he breaches the irish citizens rights but he wants his rights defended
He had a death sentence commuted. He should be glad to be alive.
You poor deluded girleen Sarah Sue.
This country’s a joke, no respect for those who protect us
When the death penalty was abolished for the murder of a garda, soldier or a member of government we were assured that the 40 year sentence would be served in full as a deterent to others . It now seems that was a lie, just like the “Labour’s way, not Frankfurt’s way”. Now there is no security for a garda trying to protect us against an armed and dangerous criminal. If I was a garda attending an armed raid etc. I would have to consider taking the long route there. Is there no end to these LYING,EVIL governments we keep electing? I am voting for DDI (Direct Democracy Ireland) next time. I hope they will be better then the current worthless, toothless CR*P we have. They have to be given their go at FUC*ING us.
Zero remorse coming from him I feel.
I fall on the side of him serving the full 40 years but even at 28 years he’s probably served 4/5 times what you would get these days, bring back the tougher sentencing, especially for the murder of unarmed gardai who do what many of us would not without regard for their own life.
So you reckon a murderer of a guard is likely to serve 5-7 years of a sentence nowadays? That’s rubbish in fairness and shows you don’t know what you’re talking about.
July 2011, 8 year prison sentence, final year suspended. That I believe is 7. I will not get drawn into a who’s right debate with a person who shows their ignorance by suggesting I know nothing on the topic without knowing me or my background.
Who was sentenced to eight years with one suspended for the MURDER of a guard? And it is murder we’re talking about here. And the murder of a guard in the course of his/ her duty still carries a life sentence with a minimum of forty years to be served.
http://www.rte.ie/news/2011/0721/304036-mcloughling/ 8 years for what was a murder downgraded to a manslaughter charge.
Its a shame that he didn’t get the death penalty. Such a cowardly act yet he will be a hero among his kind if he gets out. There is just no deterrent provided for crime of any sort in this country, sometimes it just feels hopeless. From this, the most serious of crimes to the petty career criminal thief there is no sufficent consequences to face. Is this the sort of leniency the cowards who gunned down the detective in Louth are expecting to face when they are brought to justice?
Have a bleedin day off will ya… His jail time is punishment enough
This bloke deserves a death penalty but when a copper murders someone ‘on duty’ then makes up a load of lies to get off, that’s perfectly fine is it?
Moron
What about the garda sgts life? When does he get to live out the rest of his days in peace?
Run along now troll
Patrick Morrissey isn’t eligible for remission.
So he’s done 28 years of a 40 year sentence. That’s a just over a third off. For murdering an unarmed garda officer? He should serve the full term and be thankful his death sentence was commuted.
Sorry just under a third off. The judges in this country have gone bonkers. A year for a man who smuggles cigarettes, six years for ‘garlic man’. Ridiculously short sentences or none at all for rape, and then the man who shoots an unarmed garda in cold blood isn’t even required to finish his sentence. Bit of a slap in the face there for the guards.
A man got seven years today for raping a woman and beating her to a pulp. He’ll serve three and a half. There’s no justice in the “justice” system.
Callan was a member of the INLA an organisation that claimed to be fighting for Irish freedom. Their actions, in their opinion, were carried out with that aim in mind. I hope he rots in gaol.
Wouldn’t be a problem if they carried out the original sentence.
He didn’t shoot the guard, he was an accomplice, and he has served enough time and should be released
Good point release this poor man
He had a common purpose and is as guilty as if he fired the gun himself. Think of it this way, if someone murdered one of your family would you reckon he deserve to be released from prison?
You’re a troll
It doesn’t matter whether he actually fired the gun or not. He was there, and went along with it.
The only penalty for cold blood murder should be either death penalty or lifetime prison without possibility of earlier release, until someone somehow can definitely prove he wasn’t guilty / didn’t do it. Sentenced should have a right to chose between two.
Furthermore there should be one time gratification, some good financial incentive to the immediate family of sentenced person if they chose death penalty option. Some sc@m might have leftovers of dignity and choice of quick riddance and leaving family few bob. State will save fortune for his upkeep for so many years otherwise.
This waster got his his remission 28 year by being spared the death sentence leave him in jail forever
What is two thirds of a life sentence?
What is a life sentence?
Callan the coward is looking for “Justice” from the state, the same state he tried to subvert when he acted as murderer.
Sgt Morrissey RIP served this state, he paid the ultimate price for his loyalty and dedication. I laugh when they refer to this Supreme court Judge as “Justice Hardiman” What he has exhibited by his judgement is neither Supreme nor Justice.
Stop practising Law and give the Irish people some REAL “Justice”
Well said
Thanks.
I cringe at some of these Legal people and their decisions.
One of the first things they preach in Legal teachings is that “Justice must be seen to be done”
Eh hello!!!
Epic Fail.
The slavish unthinking worship of Gardaí in this country is extremely creepy.
How do you think the detestation of the cold blooded shooting dead of an unarmed man who lay on the ground is a slavish unthinking worship. You vacuous troll, trying to excuse your own pathetic existence by denigrating the selfless heroic death of a proud Irishman defending the safety and integrity of the country.
“a proud Irishman defending the safety and integrity of the country.”
Like John Eiffe. who was punished for that killing?
Are you comparing an accidental killing to a cold blooded murder? Sweet Jebus are you that thick!
You poor fool. You’ve never in your life thought through the underlying causes of crime and how the state through their police thugs contribute toward that crime and ensure that said crime will always exist, have you? Your superlatives of “heroic death” and “proud Irishman defending the safety and integrity of the country” just proves my original point, as well as your unthinkingness. If Gardaí don’t want to get shot, stay the fu*k away.
This is why cannabis is illegal!!
Excuse me?
Stay away?
So it goes like this in the Comms room…
“Armed Robbery in progress on Main Street all units respond”
Garda reply: “No, Sorry, don’t want to get shot, let em off and sure if an innocent bystander or post office worker gets shot it’s not my fault lets wait 2 hours for armed response”
Never going to happen!
You idiot.
A disgraceful decision. Shame on the Supreme Court!!!
He’s done more than his fair share of time. He was 22 at the time. A kid!! It by no means takes away the crime he committed all them years ago and what if he is genuinely remorseful? Does he not deserve forgiveness?
They should have put the loose round his neck and have him swing for what he did.
If its going to be 40 years incarceration for the murder of a Garda then it should be 40 years for murder full stop, regardless of what your occupation is. And as I said before he didn’t pull the trigger.
i’m interested that as an (alleged) member of the INLA, he didn’t seek release under the good friday agreement? Is there anything additional to this story?
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