An appeal by the State against the length of sentences imposed on two of the killers of Jerry McCabe has been adjourned until the autumn. Pierce McCauley, 36, from Tyrone, and Kevin Walsh, 43, from Limerick, were each sentenced to 14 years' imprisonment for the manslaughter of Detective Garda McCabe during a post-office van robbery in Adare, County Limerick on 7 June 1996.
The 52-year-old father of five met a violent death during the attempted robbery. The Special Criminal Court was told in 1999 that Detective Garda McCabe died from a gunshot wound to the back. Two other men were also sentenced. All four were members of the IRA's southern unit.
The case began as a murder trial but certain evidence was not made available to the prosecution as originally anticipated. So it was finally agreed to accept a plea of manslaughter.
There was widespread criticism of the sentences imposed on Mr McCauley and Mr Walsh in February 1999. The Garda Representative Association wrote directly to the DPP asking him to appeal against the leniency of the sentences.
In court today counsel for the state, Edward Comyn said that the seriousness of this offence categorised it as the highest form of manslaughter. He said that the intent to kill could not be proved but this was a high risk operation which involved the use of dangerous weapons and live ammunition.
Defence Counsel, Paddy McEntee, argued that the sentences were not unduly lenient and marked what he described as an appreciable part of one's lifetime in prison. He also said Pearse McCuley had now expressed remorse for the killing.
The DPP is expected to seek a significant increase in the sentencing on the grounds that the Special Criminal Court could have imposed a maximum life sentence on these men. Judgement has been reserved in this appeal until the autumn.
