Garda killer freed
O’Shea out after 33 years in jail for double murder
A CRIMINAL sentenced to death f or his role in the murder of two gardaí has been r eleased f r om prison, the Irish Daily Mail can reveal.
Colm O’Shea, now aged 60, of Sunday’s Well, Cork, was one of the country’s longest serving prisoners at Portlaoise prison until his release on Thursday.
He was sentenced to death by the non-jury Special Criminal Court in 1980 after being found guilty, with a number of others, of the murder of Garda Henry Byrne.
Detective Garda John Morley was also shot dead following the botched raid at the Bank of Ireland near Loughglynn, Co. Roscommon, in July 1980.
The double murder provoked national outrage.
Garda Morley’s wife Frances last night spoke of her family’s ongoing devastation over her husband’s death and confirmed she had been informed about O’Shea’s release by the authorities.
The two gardaí had been chasing raiders near Loughglynn when they were gunned down.
Former President Patrick Hillery commuted the death sentence in 1981 to penal servitude of 40 years.
Patrick McCann, then 34, of Dungarvan, Co Waterford was also convicted of the murder of Garda Byrne and sentenced to death, but his sentence was also commuted.
O’Shea and McCann were alleged members of the Irish National Liberation Army.
O’Shea – who served 33 years of his 40 year sentence – was released on Thursday, following a landmark court judgement.
On Wednesday l ast week, the Supreme Court ruled that a man in his 28th year of a 40-year sentence for the murder of a ‘ heroic’ garda was entitled to statutory remission.
We didn’t have a husband and father
Noel Callan, now 50, had been jailed in 1985 with a co-accused, Michael McHugh, for the murder of Sergeant Patrick Morrissey in Co. Louth, but their death sentences were also later commuted by the President.
The Supreme Court last week unanimously ruled that Noel Callan is entitled to statutory remission on his prison sentence.
Senior sources say the Irish Prison Service were compelled to take the court ruling into consideration, which led to O’Shea’s release from prison on Thursday.
Inmates are entitled to 25 per cent remission – meaning that those serving the mandatory 40 years for killing a garda are now eligible for release after 30 years following the Supreme Court ruling.
As O’Shea had served 33 years, he was therefore eligible.
Senior prison sources say that the convicted garda killer has ‘not been released early or on temporary release, he is released having completed his sentence with remission taken into consideration’.
His co-accused, Patrick McCann, remains imprisoned.
Garda Morley’s wife Frances yesterday spoke of the hurt and pain O’Shea caused her family because of his involvement in her husband’s brutal murder more than three decades ago.
Speaking to the Irish Daily Mail, an emotional Mrs Morley said: ‘Thirty three years is a very long time really when you have to raise your family alone. We didn’t have a husband and father but what can we do?’
She added: ‘We knew the day was coming. We were always aware the day was coming.
‘My family are around me here, we all live in Galway and they are very supportive.
‘I’ve been very privileged to have a wonderful family and wonderful support through the years. Everybody is healthy and nothing can buy that and I am so grateful for where we are at today.’
Ms Morley was notified by the authorities of O’Shea’s release yesterday and said she appreciated being told.
Showing remarkable dignity, the mother-of-three said she has tried not to think about the men involved in her husband’s killing during the past 30 years.
‘What can one say, you don’t have hand, act or part in any of those things,’ she said.
‘ You don’t give these people another thought. Maybe if somebody has nothing else to do, but when one has a busy life rearing their family you just don’t think about them and I think that’s the best way to handle it.
‘ I just think that’s the end of the story.’
Last year, O’Shea failed in a High Court bid f or his freedom. In September last year, the High Court dismissed his application. The garda- killer had sought an inquiry under Article 40.4.2 of the Constitution into the lawfulness of his detention.
In this failed bid, O’Shea claimed that he had served his sentence and asked the High Court to order his release.