Murderer seeking release claims life sentence was only for 20 years

High Court Reporters

A convicted murderer who strangled his former girlfriend to death in the grounds of a Co Clare church has gone to court seeking to be let out of prison.

Raymond Donovan claims his jail term has expired because he says his life sentence is limited to 20 years' imprisonment.

Donovan, last of New Houses, Cooraclare, Co Clare, murdered Ann Walsh (23) on the grounds of St Senan's church, Kilrush, Co Clare, on August 24, 2005.

He denied a charge of murder but was convicted by a unanimous jury verdict at the Central Criminal Court sitting in Ennis of the murder of Ms Walsh and was sentenced to mandatory life imprisonment in June 2006 by Mr Justice Paul Carney.

In an ex parte High Court application where only one side is represented, Donovan (44), represented by Barry White SC and Patrick O'Sullivan BL, instructed by Daniel Kreith Solicitor, successfully applied to the High Court for permission to inquire into Donovan's detention.

Donovan has made his application for his inquiry pursuant to Article 40.4.2 of the Constitution - also known as 'Habeas Corpus' - against the Governor of Wheatfield Prison, questioning the legality of his continued detention.

In a sworn affidavit, he claims that he has been imprisoned since August 24, 2005, and was convicted of murder in 2006. He submits that he had unsuccessfully appealed the conviction in 2009.

However, Donovan submits that while his appeal was unsuccessful, "as my conviction was not overturned, the Court of Criminal Appeal substituted my sentence of life imprisonment to one of 20 years".

He claims he has received documents from prison authorities that indicate a 20-year sentence, which is currently his period of detention at the prison.

He submits that "despite numerous requests to prison authorities for sight of, or a copy of, the warrant from the Court of Appeal there appears to be no record of this warrant".

Donovan therefore claims that the "prison authorities do not have the necessary documents that are sufficient to detain me in prison".

He is seeking a full inquiry into the legality of his detention and "if necessary, for an order admitting me to bail, pending the determination of these proceedings".

John P Gallagher BL, for the respondent, told the High Court that the prison would be opposing Donovan's application and that the governor has sworn an affidavit to be produced for the court.

Ms Justice Sara Phelan adjourned the matter to next week.

At the 2006 Central Criminal Court trial, the court heard that Donovan had, on the night of the murder, rang his brother telling him that he had "done something terrible".

In statements to gardaí, Donovan said he loved Ms Walsh and did not mean to kill her.

He admitted to holding Ms Walsh's throat for one-and-half-to-two minutes. "When she went quiet, I thought that she was messing. I didn't mean to choke her," he told gardaí.

Supt Joseph McKeown, who led the investigation, said Ms Walsh was "brutally killed in a vicious and cowardly attack".