MAN RELEASED AFTER NEW POST-OMAGH LAWS TESTED
Man released after new post-Omagh laws tested
By Michael O'Toole
Dublin Correspondent
The High Court in Dublin ordered the release of a man arrested by gardai as part of their investigation into the Omagh tragedy.
It was the first successful legal challenge to tough new legislation brought in by the Republic's government after the Omagh bomb which killed 29 people on August 15 and was carried out by the Real IRA.
But last night government sources said they were considering mounting an appeal to the court's decision.
Deaglan Lavery (23) of Sliabh Foy Park, Muirhevnamor in Dundalk was released after his lawyers secures a habeas corpus ruling in the court.
Counsel for Lavery told the court that his solicitor had been denied access to garda notes of interviews with him.
Mrs Justice Catherine McGuiness ruled that Lavery's solicitor should be allowed to read his statement and, because gardai were not prepared to do that, she ordered his release.
Lavery was one of three people arrested in Dundalk on Wednesday morning.
His period of detention was extended from 48 to 72 hours by a special sitting of Carrickmacross court on Thursday night and was due to be released anyway at 7am today.
Gardai were questioning him on the suspicion of him belonging to Oglaigh na hEireann, the Real IRA.
Another man arrested at the same time was also released yesterday without a legal challenge.
Two men - one of whom was arrested in west Dublin on Thursday morning, were still being held in Carrickmacross and Monaghan respectively last night.
By Michael O'Toole
Dublin Correspondent
The High Court in Dublin ordered the release of a man arrested by gardai as part of their investigation into the Omagh tragedy.
It was the first successful legal challenge to tough new legislation brought in by the Republic's government after the Omagh bomb which killed 29 people on August 15 and was carried out by the Real IRA.
But last night government sources said they were considering mounting an appeal to the court's decision.
Deaglan Lavery (23) of Sliabh Foy Park, Muirhevnamor in Dundalk was released after his lawyers secures a habeas corpus ruling in the court.
Counsel for Lavery told the court that his solicitor had been denied access to garda notes of interviews with him.
Mrs Justice Catherine McGuiness ruled that Lavery's solicitor should be allowed to read his statement and, because gardai were not prepared to do that, she ordered his release.
Lavery was one of three people arrested in Dundalk on Wednesday morning.
His period of detention was extended from 48 to 72 hours by a special sitting of Carrickmacross court on Thursday night and was due to be released anyway at 7am today.
Gardai were questioning him on the suspicion of him belonging to Oglaigh na hEireann, the Real IRA.
Another man arrested at the same time was also released yesterday without a legal challenge.
Two men - one of whom was arrested in west Dublin on Thursday morning, were still being held in Carrickmacross and Monaghan respectively last night.
Further Information
Publisher: THE IRISH NEWS
Ref: IN/0425
Published Date: 02-Oct-98
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