The High Court will give its decision later in a legal challenge against the alleged failure of the Minister for Justice to release convicted IRA leader Michael McKevitt, under a scheme of enhanced remission of sentence.
McKevitt, 59, from Beech Park, Blackrock, Co Louth was jailed for 20 years in 2003 for directing terrorism and membership of the Real IRA.
He claims he is entitled to one third remission of his sentence for good behaviour and participation in structured activities designed to prepare him for release.
His legal challenge is focused on the interpretation of a prison rule allowing for enhanced remission.
His lawyers claimed that if proper consideration for a one-third enhanced remission had been given he would have been released last July.
In a hearing before Mr Justice Peter Kelly, his barrister Michael O'Higgins said he was a model prisoner who had engaged and performed well in a number of courses.
However, the State argued that he has not engaged with the probation services, is on a "republican landing" and is a spokesperson for republican prisoners.
Mr O'Higgins said the prison rules had until recently been inadequate in that no guidelines or information were available on the types of structured activities that would be given more weight in assessing eligibility for enhanced remission.
He said prisoners did not have to prove they would not re-offend, they only had to show they were less likely to re-offend.
Under the rules as they stood, it was an inevitable inference by taking part in authorised structured activities that this was the case, he said.
The State had introduced fresh rules after recent High Court judgments, but for six years since the introduction of the rules they had remained unclear, Mr O'Higgins said.
Diarmaid McGuinness Senior Counsel said the Minister for Justice was dealing with a person with a very serious conviction and the issue of the risk of re-offending was particularly relevant in considering whether to grant remission.
The Minister was entitled to consider whether that risk has lessened during a prisoner's term of imprisonment and is entitled to conclude that he is not, Senior Counsel said.
The presumption that mere participation in structured activities entitled one to remission was not accepted Counsel McGuinness added.
