LAWYERS for murderer Malcolm MacArthur intend going to the European courts if an ongoing High Court action to compel the state to release the 64-year-old on a parole board recommendation fails.

MacArthur has been in prison for 27 years, 10 years longer than the average length of time murderers in Ireland spend behind bars, which is 17 years.

The decision to release life sentence inmates is made by the justice minister of the day. Because of the nature of MacArthur's crime, and the fact that it almost brought down Charlie Haughey's government, the release of the infamous killer would be a "politically suicidal move" for any minister for justice, according to a government source.

MacArthur is currently the second-longest-serving prisoner in the Irish prison system. He was handed down a life sentence for the brutal murder of nurse Bridie Gargan in Dublin's Phoenix Park in 1982, but he was never pursued for a second murder. Days after MacArthur's crazed attack on Gargan, he shot dead farmer Donal Dunne with Dunne's own gun near his home in Edenderry, Co Offaly.

MacArthur was later arrested in the home of former attorney general Patrick Connolly, which forced Connolly's resignation. The series of events leading up to MacArthur's arrest attracted major controversy and were described by then taoiseach Charles Haughey as "grotesque, unbelievable, bizarre and unprecedented". As a result, it was coined the 'Gubu' affair.

After a remarkable trial that lasted just five minutes, MacArthur was sentenced to life imprisonment, which at that point meant between 10 and 12 years in prison. There was public outrage after it emerged he would not face trial for the murder of Dunne when the DPP dropped this charge.

The parole board has recommended that the 64-year-old be put on a temporary release programme which would eventually lead to his release. MacArthur's lawyers are due before the High Court again in November.

His legal team has sought legal discovery of thousands of documents from the Department of Justice in relation to the 64-year old. His legal team has received a proportion of the Department of Justice files, but wants to see more.

His lawyers have attempted to compel the state to enter a defence against his claims that he should be released under a parole-board recommendation. He maintains his continued detention breaches his rights under the constitution and the European Convention on Human Rights.

His legal team has argued that parole-board recommendations should be given greater weight by the justice minister.

MacArthur's lawyer, James McGuill, confirmed to the Sunday Tribune that if the High Court proceedings failed to secure his client's release, the case would be taken to the European courts.

A legal source said there was a strong feeling within the legal fraternity that it was inappropriate for politicians to make decisions about the release of life sentence inmates.

"Criminal justice decisions should not be made by politicians," said the source. "Politicians make decisions based on popularity and it would not be a popular decision to allow MacArthur out of prison. Anything to do with the administration of justice should be dealt with by the ­judiciary."