A Monaghan man who was took part in the killing   of a Garda following a robbery in 1985 has begun a High Court action over his continued imprisonment.

Noel Callan,originally from Cullaville, Castleblayney in Co Monaghan who has  so far served  26 years in prison, after he was  convicted of the murder of Garda Sergeant Patrick Morrissey in December 1985.

The original sentence was death as this was a capital offence but this was changed  to 40 years imprisonment  by the then President, Patrick Hillery. 

This was  based on the Government's understanding there would be no remission.

He  has begun a High Court action arguing that  his Constitutional and human rights are negatively breached because it excludes the possibility of remission for good behaviour. 

Callan is claiming that other prisoners are entitled to remission and it was a matter for the courts to fix sentence, not the Government.

In his trial and subsequent appeal, Callan denied all knowledge of the incident and perjured himself. He was, however, convicted and lost his appeal and now admitted his role.

During his time in Portlaoise Prison, Callan has been a model prisoner, studied law through the Open University and exhibited as an artist, she said.

He had applied for temporary release on several occasions, as well as release under the Good Friday Agreement, but all were rejected.

He had contacted a number of TDs over the years, including Seymour Crawford, John Bruton, Rory O'Hanlon, Joe Costello, MEP Jim Higgins and Mgr Denis Faul, all of whom made representations on his behalf but to no avail.