NI Secretary of State blocks Martin Corey release

Sinn Féin’s Raymond McCartney, deputy chair of the Assembly’s Justice Committee [and noted plagiarist! - Ed], may have welcomed today’s Belfast court ruling that the Parole Commissioners had breached former Provisional IRA member Martin Corey’s human rights in refusing to release him, and ordering his release on unconditional bail.  But the Guardian reports that Northern Ireland Secretary of State, Owen Paterson has intervened

Corey had been released on licence in 1992 after serving 19 years for the murder of two policemen.  Former NI Secretary of State Shaun Woodward revoked his licence in 2010 on the basis of “closed material”.  In December last year Corey was granted leave “to seek a judicial review of the decision to revoke his licence over unspecified allegations that he was involved with dissident republicans”.

The BBC reports on today’s ruling

On Monday, Mr Justice Treacy held there had been a breach of the European Convention on Human Rights which states that anyone deprived of their liberty can have the lawfulness of detention decided speedily by a court.

The judge found that the open evidence did not advance the Northern Ireland Secretary’s case against Corey, meaning that the decision was solely based on closed material.

Mr Justice Treacy also ruled that the Parole Commissioners misdirected themselves in law and failed to provide a sufficient safeguard against the lack of full disclosure.

He stated: “I’m going to remit the matter to the commissioners to reconsider the matter in light of the judgment of the court.”

Corey was also awarded legal costs in bringing the challenge.

As the Guardian report adds

While Corey waited in Maghaberry jail to be freed the secretary of state moved to block the release and at around 5.30pm the veteran republican was re-arrested and remains in the prison.

Republican Sinn Féin said the British state was “determined to keep Martin interned at all costs.”

[That'll be the Dark Side, again... - Ed]  Indeed.

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  • Mister_Joe

    Slugger regulars won’t need to be told what I think of the IRA, particularly the commanders. And I do support sanctioning people who are released on parole and breach the conditions of their parole. But I think it is unconscionable to detain anyone without specifying any charge and not allowing the person to explain their actions or lack of actions before a court of law. Such a thing brings the law into disrepute.

  • tacapall

    Well Joe their not known as perfidious albion for nothing Im sure he would be up for sale if Nationalist opposition to loyalist parades could be weaned a little, there’s no such thing as coincidence in this place.

  • Brian

    He was out on parole. It’s not like he was just some normal citizen. I think that gives the State more flexibility with how they detain him. I have hard time believing he is that much of a danger that he cannot be released at least on house arrest for the time being.

    If he is involved with those murderous idiots let him rot behind bars, however.

  • Mister_Joe

    ..let him rot behind bars…

    Without due process? That is a dangerous road.

  • lamhdearg2

    We should be told what he has done, then we can give a view on whether or not he should be kept in.
    This way only garners support for the rejectionists.

  • andnowwhat

    Totally agree with Mister Joe.

    This is not an emergency or time of great threat. There is plenty of space for the normal rule of law.

  • Pete Baker

    “We should be told what he has done, then we can give a view on whether or not he should be kept in.”

    Well, at face value, it would appear that revealing the intelligence that links Corey to his alleged organisational role within the Continuity IRA would jeopardise the safety of those supplying that intelligence.

    Difficult call.

    “This is not an emergency or time of great threat.”

    So you say…

  • andnowwhat

    Pete Baker

    Where is the pressure that does not allow for due process? It’s hardly 1972

  • Mister_Joe

    Pete,

    Are you really suggesting that it is permissible to throw someone who, for all we know, might be innocent into jail in order to protect informers who could be passing false information to keep their lolly rolling in?

  • Pete Baker

    andnowwhat

    Is there an absence of due process?

    Surely today’s ruling proves otherwise.

  • Pete Baker

    And whatever you’re having yourself Joe…

  • Mister_Joe

    Pete,

    If I said that to you I would immediately get a yellow card from you. Suggest you delete.

  • Pete Baker

    Catch yourself on, Joe.

  • lamhdearg2

    “closed material”.
    Is not good enough, that fact that he is from the irish nat side should not cloud anyones judgement. tomorrow it may be some non aligned whistleblower, the gov and police want locked up.
    I suppose it all boils down to whether or not you have complete trust in the powers that be, I dont.

  • Mister_Joe

    Catch myself on about what? Review the yellow cards you have given me for innocuous comments. (A few were warranted, I admit).

  • tacapall

    Its simply internment by other means,using unidentified information unable to be challenged or viewed in a court of law, A bad sign for democracy and another reason for questioning the usefullness of the assembly if the decisions of their judges can be overturned by a British overlord.

  • seamus60

    Just waiting now, can`t be long for Raymond, Gerry and Martin to tell us to take to the streets in protest.

  • Dixie Elliott

    SF should practice what they preached at the SDLP in the past and withdraw from government over this injustice….

    Doubt it very much.

  • andnowwhat

    Pete.

    Due process is an opaque presentation by the judiciary of evidence upon which a judgement is made.

    A judge, a fek’n judge (a better man than you. me, Woodward or Ptterson) said that the criteria was not met. If they’re worried about him, they could stick a spide bangle on his ankle

  • Pete Baker

    And, andnowwhat, that judgement has been delivered.

    Due process, achieved.

    Now we travel onwards…

  • andnowwhat

    Pete Baker

    Substantiate your claim. Show me the evidence against Corey

  • andnowwhat

    BTW Pete Baker

    We’re travelling backwards

  • Pete Baker

    “Substantiate your claim.”

    Of due process?

  • sonofstrongbow

    I got a yellow card And you stole my comment? More than happy to take the card award but put my comment up you thieving bastids!

  • NOT NOW JOHN

    Due Process of Law

    ‘A fundamental, constitutional guarantee that all legal proceedings will be fair and that one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one’s life, liberty, or property. Also, a constitutional guarantee that a law shall not be unreasonable, arbitrary, or capricious.’

    The Decision (from UTV link above)

    ‘Mr Justice Treacy held there had been a breach of Article 5 (4) of the European Convention on Human Rights which states that anyone deprived of their liberty can have the lawfulness of detention decided speedily by a court.

    He found that the Secretary of State’s case against Corey was based solely on closed material, and the open allegations either had no factual basis from which they could be rebutted or were insufficiently specific to enable attempts to refute them.

    Mr Justice Treacy also ruled that the Parole Commissioners misdirected themselves in law and failed to provide a sufficient safeguard against the lack of full disclosure.

    He stated: “I’m going to remit the matter to the Commissioners to reconsider the matter in light of the judgment of the court.

    “I propose to release the applicant on unconditional bail.”

    Corey was also awarded legal costs in bringing the challenge.’

  • andnowwhat

    Excellent Not Now John.

    How does Pete react to that?

    Pete, you have not made a case. In fact, you have not even attempted to make a case.

  • Mike the First

    Mister_Joe

    “But I think it is unconscionable to detain anyone without specifying any charge”

    Surely the charge (conviction in fact) is murder.

  • sdelaneys

    Mike the first.
    “Surely the charge (conviction in fact) is murder”
    But he is being held for reasons neither he nor we are allowed to know and neither are the parole commission, not for murder.

  • http://nalil.blogspot.com Nevin

    Our old friend, AP stringer Shawn Pogatchnik, appears to have been a little premature with his wire report; perhaps he should have waited until Corey was actually released:

    The Belfast High Court victory for Martin Corey, 61, ends his latest 2-year imprisonment and deals an embarrassing blow to a key power in Britain’s security policy in Northern Ireland.

  • Mick Fealty

    Oh, always the toughest critic Nev… Did you see this coming???

  • http://nalil.blogspot.com Nevin

    I didn’t, Mick; I just did a quick Google news trawl with ‘corry justice treacy’ and up popped Shawn, a Talkback messageboard contributor from way back.

    This rush to publish gives a twist to the old saying “A lie is halfway round the world before the truth has got its boots on”. Unfortunately, some folks may react to these unintentionally misleading accounts.

    I wonder how many major newspapers carried this AP wire, with or without Shawn’s name – and without the detail of the SoS intervention.

  • http://www.ur2die4.com/ amanfromMars

    Well, is the Northern Ireland government going to accept that they can be overrule at will by a foreign power which does not respect the judgement and decision of the judiciary and the law?

    And would such a government be worthy of popular national local support or would they be extraordinarily rendered and outed as cuckolds and puppets with their strings being pulled from afar and across the water?

    And will you be voting them into office again ….. proving that you are equally intellectually challenged/bankrupt/cowed?

    Methinks the likes of such a government as fears to release the grounds on which it detains individuals today, whenever the release of sensitive information and disruptive intelligence is so easy in an instant and immediately become general global knowledge, is one that deserves all that it will subjected to as it battles in vain to defend the indefensible and in so doing, outs its leading fools.

    Take a bow, Owen, you deserve it for services rendered.