Gary Anderson: Chief Judge explains decision to release killer from prison


The Northern Ireland Court Service (NICS) confirmed that the judge who made the decision was Judge Rooney.

“This was an individual judgment and it is inappropriate for the office to comment further,” the LCJ’s office said.

Anderson’s brother Sean, who is serving a 17-year sentence for the murder of Carol Kelly, also challenged the decision to keep him out of Magilligan Prison to attend the funeral, but the decision was upheld.

“The application was made on the basis that the decisions taken violated the applicants’ rights under the European Convention on Human Rights (ECHR),” the LCJ’s ​​office said.

“The court found that the Governor’s decision regarding Sean Anderson was enforced lawfully and denied the application for leave to appeal the decision.”

Anderson was released from Maghaberry Prison on Monday to attend his father’s funeral but absconded with a court-approved escort.

It is unclear who this escort is and what powers, if any, he was given.

The funeral took place at St Mary’s Church in the Creggan area of ​​Derry on Monday morning, followed by cremation in Letterkenny, County Donegal the same day.

Anderson was not allowed to cross the border to attend the cremation.

BBC News NI confirmed the following conditions for his release:

  • The applicant will be released from Maghaberry Prison and taken to Derry Courthouse by 09:30 BST to return at 11:30 BST.

  • The applicant must be picked up by (named person) in the car and remain with him throughout

  • He must only attend his father’s funeral at St. Mary’s Church and must remain within the church premises.

  • The applicant’s representatives should contact the Judicial Review Office and report that everything went according to plan.

  • The applicant is not allowed to consume alcohol or any over-the-counter medications.

  • The applicant must not use any electronic communication devices.

  • The applicant must return to prison directly from Derry Court House.

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