A man jailed for life for the murder of a young woman in Cork city has secured leave from the High Court to bring a constitutional challenge to a law requiring judges to impose a life sentence.
Peter Whelan claims the mandatory life sentence for murder is in breach both of provisions of the Constitution and the European Convention on Human Rights.
His solicitor, Mr Joseph Cuddihy, also said in an affidavit that there was "a genuine apprehension" that the Minister for Justice might be "unduly influenced" by external and/or public pressure in determining how long Whelan should serve.
In that case, the family of the murdered woman, Ms Nicola Sweeney, had established a foundation to lobby the Minister to ensure persons convicted of murder serve a life term.
Whelan (20), of Ashgrove, Underwood, Rochestown, Cork, was jailed for life at the Central Criminal Court in December 2002 for the murder of Ms Nicola Sweeney (20), a student, at her home at Underwood House, Rochestown, on April 2nd, 2002.
He received an additional 15-year sentence for the attempted murder of Ms Sinéad O'Leary, a student friend, on April 27th, 2002. He had pleaded guilty on both counts. In May 2003, the Court of Criminal Appeal ruled he must serve the 15-year sentence prior to beginning the life sentence.
His lawyers say the effects of the reversal of the sentencing structure are unknown and make uncertain when Whelan may apply to the Parole Board for early or temporary release on licence.
Evidence was given in the Central Criminal Court that Nicola and Sinéad were in Nicola's house preparing to go out at about ll p.m. on April 27th, 2002, when Sinéad saw a man whom she did not know approaching her.
She was knocked to the ground, kicked and punched. She screamed for help from Nicola. Whelan took out a knife and Sinéad received multiple stab wounds. Whelan then left her and she ran downstairs and locked herself in a downstairs bathroom where she stayed in the dark.
A short time later, she went back upstairs and found Nicola with multiple stab wounds.
