Northern Ireland's Top Judge Explains Release of Convicted Murderer for Funeral
Lady Chief Justice's office states prison governor's decision was unsubstantiated, while brother's application for release was upheld.
Northern Ireland's top judge has clarified the court's decision to grant convicted killer Gary Anderson temporary release to attend his father's funeral, a move opposed by prison authorities. Anderson, 29, who is serving a life sentence for the 2018 murder of Karol Kelly in Londonderry, failed to return to Maghaberry prison on Monday after being granted release.
The Prison Service had initially refused Anderson compassionate temporary release (CTR) for the funeral, but this decision was overturned by a court on Sunday. The Office of the Lady Chief Justice (LCJ) stated that the court found the governor's decision not to grant CTR was "not substantiated by the evidence provided to the court." The office added that the decision was an "individual judicial decision" and declined further comment.
Anderson's brother, Sean, who is serving a 17-year sentence for the same murder, also challenged the decision not to grant him release from Magilligan Prison to attend the funeral. However, his application was denied. The court determined that the governor's decision regarding Sean Anderson was carried out lawfully and refused his application for leave to challenge it.
Both applications were brought on the grounds that the decisions breached the European Convention on Human Rights (ECHR) rights of the applicants, according to the Office of the LCJ. As of Wednesday, Gary Anderson remained on the run.