Summary of Judgment - In re Deborah McGuinness No. 4 (Michael Stone)
| Jurisdiction | Northern Ireland |
| Neutral Citation | Summary of Judgment - In re Deborah McGuinness No. 4 (Michael Stone) |
| Court | Court of Judicature (NI) |
| Date | 19 November 2021 |
Judicial Communications Office
1
19 November 2021
COURT DELIVERS DECISION IN CHALLENGE TO RELEASE
OF MICHAEL STONE
Summary of Judgment
Mr Justice Colton, sitting today in the High Court in Belfast, granted an application for leave to
apply for a judicial review to challenge the lawfulness of the Parole Commissioners’ Rules
insofar as they prohibit public hearings. Further, the court granted leave to challenge the
failure of the Parole Commissioners to make provision for the daughter of one of the victims
of Michael Stone to attend at the hearing.
Michael Stone (“the Notice Party”) was given a life sentence in 1989 for the murders of six persons.
The court recommended he serve a tariff of 30 years imprisonment. He was, however, released on
licence on 24 July 2000 under the terms of the Northern Ireland (Sentences) Act 1998 (“the 1998
Act”). On 24 November 2006, the Notice Party carried out an attack at Parliament Buildings,
Stormont following which he was convicted of two counts of attempted murder and other offences
and received a determinate sentence of 16 years imprisonment. His licence under the terms of the
1998 Act was also revoked. On 25 January 2021, the Parole Commissioners (“the Commissioners”)
directed the release of the Notice Party under the provisions of the Life Sentences (NI) Order 2001
(“the 2001 Order”).
Applicant’s Challenge
Deborah McGuinness (“the applicant”), whose brother was murdered by the Notice Party, has been
involved in a number of legal challenges relating to his release. In this application, she raised two
broad issues:
The decision taken by the Commissioners to conduct the hearing in private and not permit
her to attend and to participate; and
A challenge to the decision by the Commissioners to release the Notice Party on licence.
Rule 22 of the Parole Commissioners Rules (NI) 2009 (“the 2009 Rules”) provides for the location and
privacy of hearings. On 21 June 2021, Rule 22 was amended to provide that a victim or other person
who makes a request for a summary of the reasons for a direction or a decision recorded after oral
proceedings before the Commissioners may be provided with a copy unless the Commissioners
consider there are exceptional circumstances why the summary should not be produced.
Right of Attendance/Participation
Rule 22(2) provides that oral hearings of the Commissioners will be held in private although the
Chairman of the Panel has discretion to admit such persons on such terms and conditions, as he
considers appropriate. The applicant sought an order compelling the Commissioners to allow her
full participation rights, including attendance at any hearing as well as the right to call witnesses, to
cross-examine witnesses, to consider all relevant evidence, to hear all oral evidence and to make oral
representations. It was argued on her behalf that the 2009 Rules violated her rights under the
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