“the learned judge who granted bail [] did not have the power to do so in the particular circumstances of this case”

Despite earlier reports that the Northern Ireland Secretary of State, Owen Paterson, had ordered Martin Corey’s re-arrest following the judicial review ruling for unconditional bail in the case, it appears he merely sought a stay while an appeal was prepared.  The Belfast Telegraph notes the Appeal Court’s initial ruling

A judge who granted unconditional bail to a convicted double murderer did not have the power to do so, the Court of Appeal has ruled.

Martin Corey is now expected to remain in jail for at least two more months after lawyers for the Secretary of State were granted a stay on his release.

And, although it’s not online yet, the Irish News quotes from the ruling

…Lord Chief Justice Declan Morgan, sitting with Mr Justice McCloskey, ruled that a connection between the life sentence imposed on Corey and his imprisonment has not been broken by the passage of time.

“In our view, having regard to our conclusion that there was a connection between sentence and detention, the learned judge who granted bail, understandably in light of the matters open to him and not having had the same extensive submissions on authorities we have had, did not have the power to do so in the particular circumstances of this case,” he said.

Enforcement of the bail order was stayed until a full hearing of the appeal, listed for September 28.

Although the judges refused leave to appeal their determination to the Supreme Court, Corey’s lawyers will still seek to make a direct petition.

Meanwhile, Sinn Féin’s Raymond McCartney, deputy chair of the Assembly’s Justice Committee [and noted plagiarist! – Ed], wants to define when “due process” ends[When the ruling is the one they favour? – Ed]  You might very well think that…

In an interesting twist, Jim Gibney uses his Irish News op-ed today to complain that

A carefully planned campaign of intimidation orchestrated by MI5 is directed at David Ford, the north’s justice minister, the life sentence parole board inside the prison and the north’s judiciary.

The basis of this intimidation is vacuous testimony secretly sourced and provided by members of the intelligence agencies alleging that Ms Price and Mr Corey are a danger to the public because of their association with dissident republican groupings.

[That’ll be the Dark Side, again… – Ed]  Indeed.  And how does he know that the testimony is “vacuous”…

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  • Zig70

    Beyond reasonable doubt, otherwise you are just a vigilante. Hearsay doesn’t cut it.

  • A carefully planned campaign of intimidation orchestrated by MI5 is directed at David Ford, the north’s justice minister, the life sentence parole board inside the prison and the north’s judiciary.….. Jim Gibney, Irish News .

    And how likely is that being true, Pete, or would you not be prepared to express an opinion on Loughside shenanigans, which some would characterise as intelligence failings …. although the service head honchos could always make valid excuse for themselves and say they don’t do political leadership, and we could all agree on that most surely whenever the evidence is so transparently overwhelming?

    However …… there are strange new things afoot, of which they have been made aware, in the fields in which they practise and stalk stealthily, but there is no immediate need for all to know of such things unless there is a need to know.

    All life is an experiment. The more experiments you make the better…. Ralph Waldo Emerson

  • Mister_Joe

    Still in effect today, from the Magna Carta:

    29. NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the land. We will sell to no man, we will not deny or defer to any man either Justice or Right

  • Toastedpuffin

    Is someone released on licence for political reasons before they’ve served their sentence that a court of law imposed for murder a “freeman”??

  • Mister_Joe

    Toastedpuffin,

    I did wonder about that. He was freed on licence, not sofar as I know for political reasons but as a matter of course, but, as the Court of Appeal ruled, the passage of time does not negate the original sentence. Still, when even the Judge was not allowed to see the “evidence” against him, it doesn’t seem right to me. Of course, I’m just a simple country guy.
    Expect this to go eventually to the European Court of human Rights.

  • Toastedpuffin

    No, it doesn’t seem right to me either. I have stashed it in my “doesn’t seem right” file in the Justice cabinet. It’s pretty full, I can tell you!

  • Mister_Joe

    Understood; I have a stack of those myself.

  • Dixie Elliott

    Clearly the Brits haven’t moved on from ‘the bad old days’ as the likes of Jim Gibney would want us to believe.

    You can cover up shite but the stink will still remain. Jim should know that!

  • son of sam

    Jim Gibney’s comment about the “carefully planned campaign of intimidation” reminds me of the old Carry On line— Infamy,Infamy,they’ve all got it in for me! Even assuming there is some truth in his assertion,how did M I 5 come to have such an all powerful role in Northern Ireland’s judicial system?Surely his party whom we are told are supposed to be such great negotiators wouldn’t have dropped the ball during all the talks with the British government over the years would they?!

  • Even assuming there is some truth in his assertion,how did M I 5 come to have such an all powerful role in Northern Ireland’s judicial system?….. son of sam 12 July 2012 at 9:40 pm

    If we expand that question to ask ….. How does any organisation/organism come to have such an all powerful role in anything? …… is it most probably always by dint of hereditary succession from an earlier accession and simply complex assumption of power which was unopposed and unchallenged, or imposed with overwhelming violence. Such positions though are always crashed with intellectually superior and strategically targeted tactical strikes against falsely important institutions/dodgy front corporations/vital core elements which are unable to survive even the slightest of forensic scrutinies without resort to the attempted raising of firewalls and cynical distractions into other invented fields of hasty concealment …… windy rushed ventures?

    son of sam, Hi,

    Is that a touch of SMART search engine paranoia we see before us :-), with your M I 5 rendering of MI5. Spooky Informative Services are only as good as the intelligence supply that analysts plagiarise to server to leaderships at the top of their trees and/or at the top Round Table of the Great Game. Any small failing in that provision, guarantees nothing but delivery of everything sub-prime.

    And that appears to be the Present Global Default Software Fare, by all media accounts …… which is just oh so pathetic, methinks, in these changed and changeling rapturous days.

  • son of sam

    A man from Mars.I
    It would be helpful if you could outline your views in plain English.Much of what you are attempting to convey comes across as gobbledygook .My point was that it was a bit rich of Mr Gibney to be complaining about M I 5 when his own party seems to have sold the pass on their intelligence control some time ago.

  • son of sam,

    Do MI5 act on their own intelligence and provide something creative upon which something constructive and novel can be built or react to other’s intelligence and always be behind the curve?

    What do you think of their show/performances to date?

    Stellar or disappointing?

    Methinks the evidence would prove beyond a shadow of any doubt that it be the latter …… which is a dirty rotten shame whenever it should be former. And that is a fault and a problem and a failing right at the top with unfit for future Great Game leadership ……. which is now remotely and relatively anonymously, virtually controlled.?!

    And I can’t say it much clearer than that. And it is not gobbledygook, it is GBIrish.

    Your point that it was a bit rich of Mr Gibney to be complaining about M I 5 when his own party seems to have sold the pass on their intelligence control some time ago, is well made, and supported on the ground by evidence too.

  • son of sam

    A man from Mars
    “Knowledge is power if you control and use it wisely”—-An extract from your profile.-I have no means of evaluating the byzantine ways in which M I 5 acquire and use intelligence but clearly they are in a powerful position.My core point as you have acknowledged relates to the apologists for Sinn Fein and their hypocrisy in protesting latterly about the role of the “Security Service”.