Michael Stone: Parole reasons to be disclosed to victim's relative
- Published
The reasons for a decision to release jailed loyalist killer Michael Stone are to be disclosed to the sister of one of his victims, a High Court judge has said.
Northern Ireland's Parole Commissioners have been directed to provide grounds for their determination to Deborah McGuinness within a week.
Ms McGuinness is seeking the material for an urgent legal challenge.
Stone who was not due for release until 2024, was granted parole on Tuesday.
Ms McGuiness's brother, Thomas McErlean, was among three mourners killed in a grenade attack on an IRA funeral at Milltown cemetery in west Belfast in March 1988.
Lawyers for Ms McGuinness are attempting to judicially review the lawfulness of the decision to free him.
Despite Stone's lawyers opposing disclosure amid claims it could put his safety at risk, pledges were given that any disclosed information will remain confidential.
On that basis, the judge said: "The Parole Commissioners will provide the applicant with a summary of the reasons for the decision with appropriate redactions."
Stone was also the gunman in another three killings.
He was previously freed on licence in 2000, but returned to jail six years later after launching an infamous attempt to murder Sinn Féin leaders Gerry Adams and Martin McGuinness at Stormont.
He entered Parliament Buildings in 2006 armed with explosives, knives and an axe.
Stone denied it had been an attempt to kill the politicians, instead claiming it was an act of performance art.
In 2013, he was told that he must serve the rest of the 30-year tariff on his life sentence.
A series of legal cases since then have centred on the eligibility of the Parole Commissioners to assess his suitability for release.
In November last year, the Court of Appeal overturned a decision that he must remain behind bars until 2024.
Judges held that the six years he spent out on licence should count towards the 30-year tariff.
Fresh action is now being taken against alleged failures to provide information about parole hearings and to allow relatives of Stone's victims to take part in those proceedings.
'Rationale for decision'
A barrister for Ms McGuinness told the court on Thursday that she needed the grounds for the Parole Commissioners' decision in order to advance her case.
"We should be given the reasons for the determination at this stage as a starting point, in order to know in any meaningful way what happened and what the rationale was for that decision," he said.
Counsel for both the commissioners and the Department of Justice raised no objections to the court ordering a handover on the basis that any necessary redactions were made and an undertaking of confidentiality given by Ms McGuinness.
However, a barrister for Stone said he opposed disclosure on human rights grounds.
"We also have concerns about the safety of my client and the people associated with him," he added.
But the judge responded that it was difficult to identify any safety issues if the necessary safeguards were put in place.
A further review will take place on 12 February.
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- Published26 January 2021