Reports that former Fianna Fáil junior minister Ivor Callely was set for early release from his prison sentence for lodging bogus expenses claims have been dismissed by prison sources.
The Irish Prison Service declined to comment on widespread media coverage today suggesting the 56-year-old was being readied for release in coming days, around two weeks before his five-month sentence was due to expire.
A spokesman said the service never commented on individual cases.
But senior sources familiar with Mr Callely’s case said there were no plans to release him early.
The sources said Mr Callely’s five-month jail term was due to finish in just over two weeks time, when remission of 25 per cent that all prisoners were entitled to was taken into account.
“He’s had a release date from the day he went in,” said one senior source. “Nothing has happened to change that date and there will be no changes to the schedule.”
Other sources pointed out that because Mr Callely’s term of imprisonment was so short, he did not qualify for enhanced remission of up to one-third.
It is available to those serving longer jail terms who engage with the rehabilitative and educational facilities while in jail and are regarded as being at low risk of reoffending.
Some prisoners jailed for very short periods are released immediately they are processed into the prison system or after spending one or two nights in custody.
They are usually those who have been jailed for a matter of days after failing to avail of a judge’s offer to pay a fine, and escape prison for the crime they have been convicted of.
However, prison sources said Mr Callely’s high profile, the nature of his offence and the fact the prisons are no longer as overcrowded as they were meant such an early no-notice release would not be afforded to him.
On July 28th Mr Callely was sentenced to five months in prison for fraudulently claiming mobile phone expenses during his time as a senator.
At the sentencing hearing, Judge Mary Ellen Ring said a custodial sentence was needed in the public interest, and the fact of the sentence rather than the length was the most important factor.
Judge Ring said politicians are not expected to be superhuman, but said a major factor in the case was a “significant breach of trust” because of Callely’s role as a public representative.
She imposed a five month sentence on four different counts, to run concurrently. The court heard previously that Mr Callely used invoices from defunct business to claim phone expenses under an Oireachtas scheme, which allows members to claim €750 every 18 months.
After he became aware of the scheme in August 2007, shortly after being appointed a Senator, Mr Callely began submitting for expenses at 18 month intervals. He also submitted retrospective invoices from his time as a TD.
The fraudulently claimed a total of €4,207.45 using six invoices.
The fraud came to light after an Irish Mail on Sunday journalist requested details of some of these expenses using a Freedom of Information Act request.
This prompted Mr Callely to withdraw the claims and repay the expenses. Gardai then began investigating and discovered two of the companies who Mr Callely claimed sold him the phones were no longer in business.
The court heard that during a Garda interview in 2012, Mr Callely suggested a former business partner, who was deceased by that time, was responsible for the fake claims.
