A Co Monaghan man who was sentenced to 40 years penal servitude for the murder of a Garda Sergeant following an armed raid in County Louth in the 1980s is appealing the terms of his prison sentence.

Noel Callan from the Castleblayney side of Cullaville on the Armagh border was convicted of capital murder regarding the death of Sergeant Patrick Morrissey at Tallanstown, Louth on 27 June 1985. Sergeant Morrissey who was a well known sub-aqua diving expert was shot dead when he went after men who had robbed Ardee Labour Exchange in Co Louth.

Callan (47), who was part of a two man gang, was originally sentenced to death, but in 1986, then President Patrick Hillery commuted this to the forty year term on the understanding that there would be no right of remission. Mr Callan was before the High Court in Dublin this week with his legal team arguing that he has been unlawfully deprived of a right to remission although he has so far served 25 years of the 40 year sentence.

The case has been adjourned until Monday, 26 July and is expected to last a number of days.