CONVICTED MURDERER RAYMOND Donovan, who strangled his former girlfriend to death on the grounds of a church, has launched a High Court bid seeking his release from prison, claiming that the Court of Appeal substituted his mandatory life sentence for one of 20 years imprisonment.

Donovan (44), last of New Houses, Cooraclare, Co Clare, murdered Ann Walsh (23) on the grounds of St Senan’s church, Kilrush, Co Clare, on 24 August, 2005.

He denied the murder charge but a jury unanimously convicted him following a trial at the Central Criminal Court in Ennis and Justice Paul Carney sentenced him to the mandatory term of life imprisonment in June 2006.

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

Donovan made the application 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 24 August, 2005, and was convicted of murder in 2006. He submits he had unsuccessfully appealed the conviction in 2009.

However, Donovan submits that while his appeal was unsuccessful, “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”.

Today, John P Gallagher, 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.

Justice Sara Phelan adjourned the matter to next week.

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

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

He admitted to holding the deceased’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.

The court was told that Donovan was prevented from committing suicide by his brother, Seán, who cut him down from a rope one month before he murdered the victim.

Barrister Mark Nicholas, then for Donovan, told the court: “He [Donovan] has his own troubles and will have to struggle with this and live with this for the rest of his life.”

Superintendent Joseph McKeown, who led the investigation, said the deceased was “brutally killed in a vicious and cowardly attack”.