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This, he said, had been doubled a year later by the Court of Appeal to eight years with four years suspended. Staines and Company, told the court in an affidavit that Mr Kellys release date, based on a remission rate of one-quarter, was due on December 16 next.
Based on a one third enhanced remission he should have been freed last Friday.
He said Mr Kelly's mother, Mrs Pauline Kelly, took up her sons case following cancellation of his temporary release and had been told by the Irish Prison Service that his release had led to unprecedented media attention all of which was negative.
She took their two children and stayed with her mother and stepfather for the last three weeks.Mr O'Higgins said the Minister for Justice had refused to release Mr Kelly from Loughan House Open Centre, Blacklion, Co Cavan.He was now seeking to quash the Minister decision by way of judicial review.Kelly is also seeking to quash the Ministers order of February last revoking his temporary release following negative media coverage with pictures of him working on the family farm.Kelly also seeks an order directing the re-consideration by the Minister of his application for enhanced remission.
'I'm sorry.' According to Mitchell, the sheriff's deputy asked Godbolt to leave, and the 35-year-old suspect looked as if he were about to comply.