Matthew Johnston's Application
| Jurisdiction | Northern Ireland |
| Judge | Humphreys J |
| Judgment Date | 04 January 2024 |
| Neutral Citation | [2024] NIKB 1 |
| Date | 04 January 2024 |
| Court | King's Bench Division (Northern Ireland) |
1
Neutral Citation No: [2024] NIKB 1
Judgment: approved by the court for handing down
(subject to editorial corrections)*
Ref: HUM12388
ICOS No:
Delivered: 04/01/2024
IN THE HIGH COURT OF JUSTICE IN NORTHERN IRELAND
___________
KING’S BENCH DIVISION
(JUDICIAL REVIEW)
___________
IN THE MATTER OF AN APPLICATION BY MATTHEW JOHNSTON
FOR LEAVE TO APPLY FOR JUDICIAL REVIEW
___________
Karl McGuckin (instructed by Phoenix Law Solicitors) for the Applicant
Matthew Corkey (instructed by the Departmental Solicitor’s Office) for the Proposed
Respondent
___________
Delivered Ex Tempore
HUMPHREYS J
Introduction
[1] I am grateful to counsel for assembling this matter at short notice and for
making cogent submissions on the issues which arise in this case.
[2] In the circumstances of this application for leave to apply for judicial review
which relate to a funeral which is due to take place tomorrow at 1pm at St Michael’s
in Finaghy, I propose to treat the application on a rolled-up basis, to consider the
question of leave and, if necessary, the disposal of the judicial review application.
[3] The applicant is a sentenced prisoner. He was arrested in November 2017
and charged with serious firearms offences. He pleaded guilty to the possession of a
firearm and ammunition in suspicious circumstances in June of this year. He was
sentenced under the provisions of the Counter Terrorism Act. He is obliged under
those provisions to serve two thirds of his sentence in custody before he is eligible to
apply to the Parole Commissioners for release. His custody expiry date on that basis
is 11 May 2024 but that date will only trigger his eligibility for release rather than his
actual release.
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