A Portuguese man serving a life sentence for the murder of a trainee manager in Limerick's Jury's Inn hotel has brought a High Court challenge to the refusal to permit his transfer to a Portuguese prison.
Although the Portuguese authorities have confirmed their intention to impose the maximum 25-year sentence permitted under Portuguese law on Paulo Nascimento if transferred, the Minister for Justice refused the transfer application, the court was told.
The Minister based that refusal on the grounds that the fixed 25-year sentence proposed by the Portuguese authorities "is not appropriate having regard to the gravity of this crime".
This was despite "common knowledge" and research from the Irish Human Rights Commission showing the average life sentence in Ireland ranges from 12 to 15 years, James MacGuill, solicitor for Nascimento, said.
Nascimento (30), a former member of the Portuguese army, was given the mandatory life sentence in 2003 after he pleaded guilty to the murder of Gráinne Dillon (24), Glounthaune, Cork, at Jury's Inn Limerick on January 5th, 2002. He had worked as a night porter at the hotel for just six days when he shot Ms Dillon after robbing €3,000.
Mr Justice Michael Peart granted leave to counsel for Nascimento to bring judicial review proceedings aimed at quashing the refusal of his transfer.
In an affidavit, Mr MacGuill said his client's family was unable to visit him here because of his circumstances. It is contended that the refusal breaches Nascimento's rights under the Constitution and the European Convention on Human Rights Act 2003.
