Former Junior Minister Ivor Callely claims he is being kept in jail unfairly over fears his early release would attract unwanted media attention.

The former politician (56) of St Lawrence's Road, Clontarf in Dublin was sentenced last July to five months in prison for making bogus mobile phone expenses claims.

His lawyers claim he is being punished on the double for being a politician.

They say it is one of the reasons he received a five months custodial sentence and now it is being used to keep him in Wheatfield Prison.

The High Court heard his request for one-third remission has gone unanswered and that the Justice Minister Frances Fitzgerald has found him unsuitable for temporary release.

Ms Fitzgerald based her decision on the view that a breach of trust and abuse of public funds by a member of the Oireachtas must be considered in the most serious terms.

Callely has been granted permission to challenge that decision, which he claims relates to concerns that his early release would attract 'unpalatable' media attention.