The Supreme Court has issued a warrant for the re-arrest of Limerick criminal Eddie Ryan Jnr after finding that his release by the High Court was invalid.
Ryan is the son of murdered gangland criminal Eddie Ryan who was the first person murdered in Limerick's criminal feud in 2000.
Along with his brother, Kieran 'Rashers' Ryan, Eddie was the subject of a major garda investigation following their staged abduction in 2003 which resulted in the murder of rival criminal Kieran Keane in Limerick.
Keane had shot the brothers' father three years earlier.
The court held that an application for Ryan's release by way of Article 40 was not the appropriate remedy for the issue of remission of prison sentence as raised by Ryan and granted by Mr Justice Max Barrett.
The Supreme Court decision also means that the release of convicted IRA leader Michael McKevitt cannot now succeed and that the release of Niall Farrell by Mr Justice Gerard Hogan, also on the alleged failure to grant him maximum remission, also fails.
Mr Justice Bernard Barton reserved his judgment in the McKevitt case until after yesterday's Supreme Court decision and will undoubtedly follow the lead of the superior court in rejecting that application for release by way of habeas corpus under Article 40 is inappropriate.
Yesterday, the Supreme Court allowed the State's appeal against Judge Barrett's release of Ryan.
Robert Barron SC, who appeared with barrister Anne-Marie Lawlor for the State, immediately sought Ryan's re-arrest.
He had argued that Article 40 had been the inappropriate way to seek his release and that it should have been done, if at all, by way of judicial review.
Chief Justice Denham said that Mr Justice Barrett had ordered Ryan be released from detention forthwith on the grounds he was unlawfully detained.
She said Ryan had been sentenced to six years' imprisonment to run from May 26, 2010 following conviction for being in possession of a high-powered pistol and 15 rounds of ammunition in suspicious circumstances in Limerick.