A court has found that the decision to refuse an escaped inmate's request for temporary release was based on inaccurate information, a ruling that has damaged public confidence, according to a statement. Gary Anderson remains at large a week after he absconded while attending his father's funeral in Derry.
The judgement, delivered by Mr. Justice Rooney, found that the risk assessment of Anderson's likelihood of reoffending had been incorrectly recorded at a higher level than what was held on the Prison Service's internal system.
The court heard that the increased score originated from a colleague, not the duty governor's personal knowledge. The system indicated Anderson's score was 27, signifying a medium likelihood of reoffending, while the decision letter stated it was 32, a high likelihood.
Mr. Justice Rooney stated that the duty governor "clearly took account of this incorrect information" when assessing the risks and determining the proportionality of the decision. The judge noted that the failure to secure and utilize the correct risk assessment was unlawful.
The duty governor was invited to reconsider the decision but declined. The judge described this refusal as "somewhat surprising" and granted Anderson temporary release under specific conditions, concluding that the Prison Service's decision was "flawed" and had considered "irrelevant and incorrect factors."