Northern Ireland Justice Minister Faces Scrutiny Over Killer's Temporary Release
Family of murder victim expresses disbelief and disappointment as prisoner absconds during funeral leave.
The Northern Ireland justice minister, Naomi Long, is facing political pressure following the temporary release of a convicted murderer, Gary Anderson, who subsequently absconded from his chaperone. Francesca Kelly, the sister of Anderson's victim, Karol Kelly, stated that her family was not informed of the release until after Anderson had already gone missing.
Kelly described the past eight days as "exhausting" for her family, noting the enduring trauma of her brother's murder. "You work hard to move forward in your life," she said. "But the trauma, it sits quietly within each and every one of us and it only takes one slight trigger, and you're right back to that night... and that's a very difficult place to be."
She conveyed a strong sense of disappointment with the justice system, asserting it had failed Karol's five children, the wider family, and the jury. "So yes, that is all the justice system has let all of us down, because their one job was to ensure that the sentence imposed by Judge Babington was adhered to, and it has not," Kelly stated.
Anderson was granted a two-hour compassionate temporary release (CTR) from Maghaberry Prison a day before his father's funeral last Monday. This followed an initial denial by prison officials, which was later overturned by a judge. His brother, Sean, also applied for compassionate leave from a different prison but that application was denied. The funeral service took place in Derry last Monday morning. Anderson was not permitted to attend the cremation in Letterkenny, County Donegal, later that afternoon.
Court documents indicate that the chaperone appointed to accompany Anderson during his father's funeral was a relative, identified as an uncle. There has been no suggestion of wrongdoing on the part of the chaperone.
Questions have arisen regarding the granting of Anderson's CTR after the full 15-page judgment from the judicial review of the Prison Service's decision was published. The judgment revealed that the initial refusal of Anderson's request was based on inaccurate information regarding the risk he posed. An internal assessment of Anderson's likelihood of reoffending had been recorded at a higher level than what was held on the Prison Service's internal system.
According to a legal representative for the Prison Service, the inflated score originated from a colleague, not the duty governor's direct knowledge. While Anderson's system score indicated a medium likelihood of reoffending (27), the decision letter cited a high likelihood (32). The judge found that this incorrect information influenced the duty governor's risk assessment and the proportionality of the decision.
The judge also described the Prison Service's decision not to reconsider the CTR request after being invited to do so as "somewhat surprising." Anderson was ultimately granted temporary release under several conditions, with the judge concluding that the Prison Service's original decision was "flawed" and had relied on "irrelevant and incorrect factors." The failure to obtain and consider the correct risk assessment was deemed unlawful.
Long has since apologized to the Kelly family and agreed to meet with them to address their concerns. She has also denied misleading the assembly regarding the matter.