Justice Minister 'Deeply Concerned' Over Convicted Killer's Temporary Release and Abscondment
Court ruling revealed flawed information led to temporary release of Gary Anderson, who remains at large.
Northern Ireland Justice Minister Naomi Long has expressed deep concern regarding the temporary release and subsequent abscondment of Gary Anderson, a convicted murderer. Anderson was released from Maghaberry Prison on Monday to attend his father's funeral, a decision that was quashed by the courts after it was found to be based on inaccurate information. He remains at large.
Anderson and his brother were each sentenced to life in prison in 2023 for the 2018 murder of Karol Kelly in Londonderry. The NI Prison Service had initially refused Anderson permission to attend the funeral, but this decision was overturned by a judicial review.
Court Reveals Flawed Decision-Making
The court's 15-page judgment detailed that the decision to refuse Anderson's request was made by the duty governor at Maghaberry Prison. However, the judge found that this decision was based on materially inaccurate information concerning the potential risks Anderson posed. Specifically, an internal assessment of his likelihood to reoffend was incorrectly recorded at a higher level than it appeared in the prison's internal system. A legal representative for the prison service admitted that this increased score originated from a colleague and was not based on the duty governor's personal knowledge.
Mr. Justice Rooney found that the duty governor relied on this incorrect information for his risk assessment and proportionality assessment. The judge described the duty governor's subsequent refusal to review the decision, even when offered the opportunity by the court, as "somewhat surprising."
The Justice Department stated that updates provided to the prison service following the court hearing did not indicate that an opportunity to reconsider the decision had been offered. Despite the judge's findings that the prison service's decision was flawed and relied on incorrect factors, Anderson was granted temporary release with conditions. The department emphasized that Minister Long is seeking to establish all relevant facts and intends to update the assembly on actions to be taken.
'Catastrophic and Inexplicable Failures'
Ulster Unionist Party leader Jon Burrows characterized the court's judgment as "damning," exposing "catastrophic and inexplicable failures in senior decision-making, procedure and record-keeping at Maghaberry Prison." He highlighted that while the decision to refuse temporary release may have been correct given the risk Anderson presented, it was undermined by incorrect information, missing records, and a refusal to reconsider. Burrows stated that the incorrect information directly impacted the risk assessment for a convicted murderer and stressed that the family of Karol Kelly and the public deserve the full truth and accountability.