Prison Service opposed release of murderer who absconded

The Northern Ireland Prison Service refused a convicted murderer being released from prison to attend his father's funeral, before a court ordered his temporary release, Justice Minister Naomi Long has revealed.

Gary Anderson, 29, is one of two brothers jailed for life in 2023 for the murder of Karol Kelly in Londonderry in 2018.

Anderson was released from Maghaberry Prison on Monday to attend the funeral, but absconded from his court-approved chaperone, the justice minister told the Assembly.

Long said Anderson's release followed an urgent judicial review after the Prison Service refused Anderson's application for compassionate temporary release following a risk assessment.

Answering a question from the DUP's Trevor Clarke in the Assembly, Long said the assessment had considered the risk he posed to public safety, as well as the likelihood of him absconding or re-offending.

"The Prison Service, having conducted all necessary checks and assessments, concluded that this prisoner was not safe to be released on a temporary basis," Long said.

"However, the decision was subsequently set aside by the court", Long said, despite the Prison Service having "resisted it strongly" at the judicial review.

Anderson was released on Monday morning under conditions set by the court, including that he be accompanied by a named chaperone.

Long said the chaperone was a civilian approved by the court and was not a member of the Prison Service.

Anderson subsequently absconded and is now unlawfully at large with a police appeal for members of the public not to approach him.

Long said the incident was not due to an "abuse or failure" of the Northern Ireland Prison Service's compassionate temporary release scheme.

It allows sentenced prisoners to apply for temporary release when an immediate family member has died or is critically ill.

Long said all applications were subject to a "robust risk assessment".

Long described the court's decision to overturn the Prison Service's refusal and directly order Anderson's release as "extremely rare".

The justice minister said she had asked officials to consider how rulings of this nature could inform the operation of temporary release schemes in future.

Long said two registered victims and one registered contact in the case had been informed of the court's decision on Sunday, before Anderson was released.

Long said they were contacted as soon as the decision was available, although she did not have exact times for the notifications.

"Understandably the registered victims are upset," she said.

The minister said they appreciated that the decision to release Anderson had been made by the court rather than the Prison Service, but added that they were "extremely upset" both by the decision to grant temporary release and, particularly, by the fact that he had absconded.

Anyone with information about his whereabouts is asked to contact police.

In a statement, Ulster Unionist Party Leader Jon Burrows said there are "serious questions" to be answered.

"The justice minister has confirmed that Anderson was subsequently released with only a civilian chaperone," Burrows said.

"He had been convicted of a violent murder just three years ago and has now absconded, despite the serious concerns that had led the Prison Service to oppose his release.

"We urgently need to know why the Prison Service's original decision was overturned and whether lessons must be learned to ensure future decisions are legally robust and capable of withstanding challenge."

In a statement, the Department of Justice (DoJ) said the Prison Service refused Anderson's application for compassionate temporary release, but a court later ordered his release with conditions. He subsequently failed to return to custody and is now unlawfully at large.

The spokesperson said going unlawfully at large is a breach of prison rules and urged Anderson to hand himself in, while appealing for anyone with information to contact police.

They said all compassionate temporary release applications are subject to a robust risk assessment.