Naomi Long apologises over Gary Anderson release as independent review ordered
Justice Minister Naomi Long has apologised to the Northern Ireland Assembly over information previously provided about the Gary Anderson release, as she confirmed an independent review into the circumstances which led to the convicted murderer being temporarily freed before he absconded.
Anderson, 29, remains unlawfully at large one week after he was granted compassionate temporary release from Maghaberry Prison to attend his father’s funeral in Derry.
Addressing questions from MLAs on Monday, Long acknowledged that additional information had emerged since she addressed the Assembly last week.
She said the information she gave at that time was based on what had been available to her and stressed there had been no intention on her part to mislead the Assembly.
Long apologised to MLAs and said she also wants to personally apologise to the family of Anderson’s murder victim, Karol Kelly.
Gary Anderson release to face independent review
Long has commissioned a fully independent review into the handling of Anderson’s compassionate temporary release.
The review will be conducted independently of both the Department of Justice and the Northern Ireland Prison Service and will examine the sequence of events which resulted in Anderson being released.
Long said she wanted all of the information surrounding the case to be examined and recommendations made to ensure there is no repetition.
She acknowledged that public confidence had been affected by what happened and said the situation had caused further trauma and distress to the Kelly family.
Anderson was convicted alongside his brother Sean of murdering father-of-five Karol Kelly in Derry in March 2018.
Gary Anderson was sentenced in 2023 to life imprisonment with a minimum term of 15 years.
Prison Service initially refused temporary release
Both Gary and Sean Anderson had applied for compassionate temporary release to attend their father’s funeral.
Those applications were initially refused by prison authorities and subsequently challenged in the High Court.
Sean Anderson’s challenge was unsuccessful, but the court found problems with the decision-making process in Gary Anderson’s case.
Information used in assessing Gary Anderson’s application stated that his likelihood of general reoffending had increased from medium to high, with a score of 32.
However, during the legal proceedings it emerged that the Prison Service system recorded a score of 27, within the medium category.
The court concluded that inaccurate information had materially influenced the original assessment and that the refusal of temporary release was therefore flawed.
Opportunity to reconsider decision ‘not communicated’
A further issue has now emerged concerning what happened during the court proceedings.
The Department of Justice said the court’s judgment records that the possibility of reconsidering the Prison Service’s original decision was discussed.
However, that opportunity was not communicated by legal representatives to the people within the Northern Ireland Prison Service who were responsible for making the decision.
Updates provided to the Prison Service following the hearing, including legal readouts, also did not indicate that such an opportunity had been offered.
Long subsequently instructed the Director General of the Northern Ireland Prison Service to conduct an urgent investigation.
The High Court ultimately ordered that Anderson be released under conditions to attend his father’s funeral.
Anderson absconded during compassionate release
Anderson was permitted a short period of temporary release to attend the funeral at St Mary’s Church in the Creggan area of Derry on Monday, 14 September.
He subsequently absconded while under the supervision of a civilian chaperone and failed to return to Maghaberry Prison.
A major search operation has continued since his disappearance, with the PSNI working alongside An Garda Síochána because of the proximity of Derry to the border.
Members of the public have been warned not to approach Anderson.
Speaker raises concerns over information given to Assembly
The controversy also reached the Assembly chamber before Long addressed MLAs on Monday.
Speaker Edwin Poots said it appeared information previously provided to the Assembly had been “not fully accurate”.
He reminded ministers and MLAs of their responsibility to correct the Assembly at the earliest opportunity when information subsequently proves inaccurate.
Poots also directed comments towards officials, saying ministers should not be placed in a position where they are exposed in the Assembly because they have not been provided with complete information.
When challenged over whether she had misled MLAs, Long said her previous statement had been based on the information available to her at that point.
She apologised again and maintained that she had been candid with the Assembly about the information she possessed at the time.
Long wants to meet Karol Kelly’s family
Long has said the Kelly family is at the forefront of her mind following Anderson’s release and disappearance.
She said she wants to meet the family personally, if they are willing, to apologise for the additional trauma and distress they have experienced.
The Justice Minister said she remained confident in the wider Prison Service despite questioning the decisions and events surrounding this particular case.
She said the independent review was necessary to establish all the facts, identify any failures and help restore public confidence in the justice system.
The search for Gary Anderson remains ongoing.