The Supreme Court has ruled that a man jailed for 40 years for the murder of a garda in 1985 is entitled to be considered for remission, which could lead to him being freed almost immediately.
Noel Callan had challenged the refusal of the authorities to consider him for a reduction in time served, which he said was afforded to others convicted of capital murder.
Callan, formerly of Culloville, Castleblayney, Co Monaghan, was 22 when he was convicted by the non-jury Special Criminal Court of the capital murder of Sgt Patrick Morrissey.
Sgt Morrissey was murdered at Rathbrist, Tallanstown in June 1985 following an armed robbery in Ardee, Co Louth.
Callan's lawyers had argued that several others jailed for capital murder whose death sentences were commuted to 40 years had been freed or got temporary release before the end of the 40 years.
Today the Supreme Court ruled he was entitled to be considered for remission for good behaviour.
If granted normal remission, Callan will be freed by 2016.
But the court also ruled Callan, who was described as a "model prisoner", was eligible for the higher remission of one third.
Mr Justice Adrian Hardiman in his judgment, with which the other judges agreed, described as a "nonsense" various arguments advanced by the State to support its claims Callan was not entitled to remission.
The judge also paid tribute to Sgt Patrick Morrissey, "a courageous, indeed heroic, servant of the State", who was shot dead in 1985 by Michael McHugh, a co-accused of Callan.
Mr Morrissey's widow was in court today.
Sgt Morrissey was initially wounded by Callan's co-accused McHugh, of Clonalig, Crossmaglen, Co Armagh, who then went back and "executed" him, Callan's lawyers argued.
Callan accepted he was part of a common design in relation to a robbery but argued there was no common design to murder.
Both Callan and McHugh were sentenced to death for murder, but their sentences were commuted to 40 years of penal servitude by the President.
He challenged the refusal to consider him for remission when several others jailed for capital murder whose death sentences were commuted by the President to 40 years were either freed or got temporary release before the end of 40 years.
When the case was before the High Court, the State initially argued he was not entitled to remission on grounds the President's decision commuting his death sentence to 40 years penal servitude was made on the understanding the full 40 years would be served "without remission".
On the third day of the High Court hearing, the State altered its case after a file was produced by a public servant in the Department of the Taoiseach, which included the actual advice of the Government to the President on Callan's case.
That advice was his sentence should be commuted to 40 years penal servitude, but it made no reference to remission.
The State then accepted the President's decision did not impose any conditions in relation to remission, but then argued Callan was not serving a "sentence" but rather a "commutation" which, it argued, placed him outside the prison rules.
Deirdre Murphy SC, for Callan, argued the State was effectively contending Callan was being held under "some new and alien" form of detention, a unique "commutation" process, rather than a "sentence" and that constituted huge and unwarranted unfairness.
The State had argued that when a sentence is commuted the right to statutory remission is lost.
A central issue in the case was whether Callan has the status of a prisoner who has been "sentenced".
Today the Supreme Court granted a declaration he is a person who has been sentenced to a term of imprisonment exceeding one month who is therefore eligible, by good conduct, to earn remission, including higher remission, under the relevant prison rules.
The court rejected the arguments Callan was serving "a commutation" rather than a sentence.
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