A man jailed for conspiring to rob a security van containing €1 million in cash has challenged the Minister for Justice’s refusal to grant him a third remission off his sentence.
Alan Bradley (42), Churchfields, Kentstown, Co Meath, along with his brother Wayne, pleaded guilty before the Circuit Criminal Court in 2012 to conspiring to steal cash from Chubb Ireland in November 2007 at Tesco, Celbridge, Co Kildare.
Alan Bradley was sentenced to nine years imprisonment with the final two years suspended. On appeal, that sentence was reduced to eight years, with 18 months suspended.
In his judicial review action, he claims, taking into account his attendance at various courses and good behaviour while serving the sentence in Portlaoise Prison, he was entitled to a third remission, rather than the normal quarter.
Two applications for a third remission were refused by the Minister for Justice on the basis Bradley represented a risk to public safety.
Arising out of the refusals, Bradley launched High Court judicial review proceedings aimed at quashing the refusals and obtaining a declaration he is entitled to enhanced remission.
He claims the Minister failed to give proper reasons for the refusal and he has been denied fair procedures.
Training courses
When his case opened before Ms Justice Úna Ní Raifeartaigh on Tuesday, Michael O’Higgins SC, with Karl Monahan, for Bradley, said his client had undergone a number of educational and training courses including one in first aid.
Counsel said the Minister said she took a number of criteria into consideration before assessing any application for enhanced remission, including a view from the Garda Síochána about his client.
The material provided to the Minister when his client’s application was being assessed included a four-year-old newspaper article concerning Alan Bradley, counsel said.
The article quoted an anonymous Garda source, was out of date and should not have formed the basis of any decision made in respect of his client’s applications in 2016 for enhanced remission, counsel said.
Bradley would have been entitled to release last June had he got a third remission, rather than the normal quarter and the refusal meant he had to spend about five more months in prison, Mr O’Higgins said.
Bradley, who is on bail pending the outcome of the case, was in court for the hearing.
The Minister, represented by Alice Fawsitt SC, with Peter Leonard, says she was entitled, on the basis of the material before her, to refuse enhanced remission.
The case continues.