Ireland: Gerrymandered Justice Still the Order of the Day
A court in Northern Ireland has rejected a appeal by a Belfastman against a decision to revoke his release on licence and return him back to jail.
Terence McCafferty, received a 12-year sentence in July 2005 after being convicted of possessing explosives after an attempt to blow up a tax office in 2002. He was released on licence last November, but was rearrested the following month and returned to Maghaberry Prison near Lisburn, County Antrim.
The order to revoke his licence and return him to jail was made by the Security Minister Paul Goggins however McCafferty's appeal asserted that Goggins did not have the power - via the Northern Ireland (Remission of Sentences) Act 1995 - to make such an order.
In a clear signal that `gerrymandered justice' is still the order of the day in Northern Ireland three Court of Appeal judges ruled against Mr McCafferty.
However the Northern Ireland (Remission of Sentences) Act 1995 is quite specific that only the Secretary of State (currently Shaun Woodward) is enabled with such powers.
Goggins alleged that Mr McCafferty was "a leading and active member of the Real Irish Republican Army" however this was categorically denied by him.
A copy of the Northern Ireland (Remission of Sentences) Act can be found here:
The relevant enabling power (which is clearly not conferred on Mr Goggins by the Act) is in Section 1.3.
J B Moffatt Director of Information Celtic League
16/12/09
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