A Monaghan man serving 40 years for the murder of a Garda sergeant 17 years ago has brought a legal application aimed at having his conviction quashed or securing a retrial.
Noel Callan (39), Cullaville, Castleblayney, one of the State's longest-serving prisoners, was convicted at the non-jury Special Criminal Court in 1985 of the capital murder of Sgt Patrick Morrissey (49), on June 27th, 1985, at Rathbrist, Tallanstown, Co Louth, following an armed robbery at Ardee labour exchange earlier that day. Michael McHugh (41), Crossmaglen, Co Armagh, was also convicted of the murder.
Both men were sentenced to death, but the sentences were later commuted to 40 years in prison. They also both received a 12-year sentence for the robbery at Ardee.
The Special Criminal Court said it was clear that whoever fired the fatal shot intended to kill or seriously injure Sgt Morrissey.
The evidence established that two men wearing combat jackets and balaclavas and carrying guns had stolen £25,000 from the labour exchange and escaped in the manager's car.
Sgt Morrissey had followed the men into the grounds of Rathbrist House and was shot there. The Special Criminal Court found there was an appreciable time between the firing of the first shot which had wounded the sergeant and the second and fatal shot.
Yesterday Mr Blaise O'Carroll SC, for Callan, asked the Court of Criminal Appeal to certify a new fact in his client's case, that as a result of being imprisoned in Portlaoise Prison and housed in the republican wing there, Callan was coerced from telling the truth about the events of June 27th, 1985, and had not told the truth.
As a result of the coercive environment in the jail, Callan was not able to act in an independent fashion and feared he would lose his life. Mr O'Carroll said Callan now admitted he was involved in the robbery at Ardee labour exchange and being part of a common design to rob and a common design regarding the use of firearms. The common design included using firearms to disable any pursuers, including gardaí, but did not include murder.
Sgt Morrissey had pursued the raiders and was shot. The first shot was in the leg and would not have been fatal, Mr O'Carroll said. A witness saw McHugh standing over Sgt Morrissey who was on the ground and saw McHugh shoot the sergeant in the head. A witness had said Callan was some distance away, had his hand up to his head and was bleeding.
Callan accepted he was part of a common design but was contending that the common enterprise ended after the firing of the first shot.
While this material was known to Callan at the time of his trial and later appeal, he could not use it because he was in an oppressive atmosphere in prison. He was not a free agent to defend himself in the appropriate way.
Callan had also disputed an alleged admission to gardaí in which he was alleged to have said: "Is the garda dead? Why was he following us? Did he not know he would be shot?" Callan was contending he had been in a dazed condition as a result of injuries sustained in a collision that day between the motorcycle on which he was a passenger and a car driven by a woman.
Opposing the application, Mr Maurice Gaffney SC, for the DPP, said that, if there was an injustice, it would appear the cause of it was the attitude taken by Callan at his trial and appeal. He was facing a death sentence and his own interest should have been predominant. Mr Gaffney said the alleged coercive atmosphere was not a new fact but was simply an attitude.
Having heard submissions from both sides, Mr Justice McCracken, presiding, sitting with Mr Justice O'Higgins and Mr Justice Murphy, said the court would reserve judgment.
