A High Court action against the Garda Commissioner and the State by the husband of murder victim Sylvia Roche Kelly has been adjourned.

The State is defending the case and will ask the High Court to dismiss it.

The application will be heard on 26 May.

It was adjourned by agreement before the case was due to be called at the High Court today.

The action for wrongful death, which is being taken by Ms Roche Kelly's husband Lorcan, alleges that her killer Jerry McGrath from Co Tipperary should have been in custody when he committed murder.

He was out on bail on a charge of assaulting a female taxi driver in April 2007.

Mr Roche Kelly claims that his late wife's death was caused by neglect and default on the part of gardaí who dealt with McGrath.

McGrath was jailed for life in 2009 for the murder of the 33-year-old mother-of-two from Co Clare.

In its application to have the case struck out, the State claims the wrongful death claim has "no reasonable cause of action and it is null and void".

It also claims the case should be dismissed on the grounds that it constitutes an abuse of process.