The short version
- Gary Anderson, serving time for the murder of Karol Kelly, escaped while attending a funeral under compassionate temporary release provisions.
- A judicial review revealed that prison officials relied on incorrect risk assessment data when initially denying his release request.
- Justice Minister Naomi Long has commissioned an independent inquiry into the handling of the case and denied allegations of misleading parliament.
The Northern Ireland Department of Justice has launched a fully independent review into the circumstances surrounding the escape of Gary Anderson, a convicted murderer who absconded while attending a funeral under compassionate temporary release. The inquiry will examine every aspect of the case, from the initial application for release to the judicial proceedings and the subsequent failure to maintain custody. This development follows intense scrutiny at Stormont, where Justice Minister Naomi Long faced questions regarding her department’s transparency and the procedural errors that allowed Anderson to remain at large.
Anderson is one of two brothers sentenced to life imprisonment in 2023 for the murder of Karol Kelly in Londonderry. He was serving a fifteen-year sentence when he was granted a two-hour compassionate temporary release from Maghaberry Prison to attend a funeral service in Derry. The release was authorized by a judge after a judicial review found flaws in the prison service’s initial decision to deny the request. Anderson disappeared from his civilian chaperone on Monday morning, remaining at large as authorities continue their search.
The path to Anderson’s release began with a legal challenge against the Prison Service’s refusal to grant him compassionate leave. A judge determined that the original denial was based on inaccurate information regarding the risk Anderson posed to public safety. Specifically, an internal assessment recorded his likelihood of reoffending at a high level, corresponding to a score of thirty-two. However, this figure did not match the data held in the Prison Service’s internal system, which showed a medium-risk score of twenty-seven.
Mr Justice Rooney ruled that the duty governor at Maghaberry Prison had relied on this incorrect information when assessing the risks associated with Anderson’s release. The judge described the decision-making process as flawed because it took into account irrelevant and incorrect factors. Consequently, the failure to secure and consider the accurate risk assessment was deemed unlawful. This legal finding forced a reconsideration of the prison service’s stance, leading to the eventual grant of temporary leave.
Complications arose after the judge invited the duty governor to reconsider the original decision rather than immediately granting release. According to the judgment, this offer was declined by prison officials, a move the judge described as somewhat surprising. However, Justice Minister Long stated that a procedural failure within the Departmental Solicitor’s Office meant that prison decision-makers were never informed of the judge’s invitation to review the case. This communication breakdown prevented officials from correcting their position before the court intervened.
While Anderson was granted permission to attend the funeral at St Mary’s Church in the Creggan area, he was not authorized to travel to Letterkenny in County Donegal for the cremation later that day. His brother Sean also challenged his own denial of release from Magilligan Prison, but that decision was upheld by the same judge. The contrast between the two outcomes highlights the specific legal vulnerabilities identified in Anderson’s case, particularly regarding the accuracy of risk data used by prison administrators.
Minister Long addressed the Assembly on Monday, denying any suggestion that she had sought to mislead lawmakers about the circumstances of the release. She insisted that her previous statements were made with full candor and transparency, providing all information available at the time. Upon learning of new developments, she contacted the Speaker’s Office to update members promptly. Long emphasized that accuracy and transparency are fundamental principles of ministerial accountability, necessitating immediate disclosure of updated facts.
The independent review commissioned by Long will scrutinize actions, decision-making processes, communications, and governance arrangements across multiple agencies. This includes the Northern Ireland Prison Service, the Department of Justice, and the Departmental Solicitor’s Office, as well as the advice provided to the minister. The scope of the inquiry aims to address public concern over the integrity of the justice system and restore confidence in how compassionate release cases are managed. Anderson remains a fugitive as the investigation into these systemic failures proceeds.
Sources behind this briefing
Go to the original reporting
- BBC News↗Killer on the loose has 'damaged' public confidence in justice system, says NI minister
