NI: Madden & Finucane plans emergency judicial review after client’s license revoked within 72 hours

Ciarán Shiels
Ciarán Shiels

Madden & Finucane Solicitors has said it plans to make an emergency application for judicial review after a client had his license revoked within 72 hours of his release from Maghaberry.

Solicitor Ciarán Shiels is representing Neil Hegarty, who was released from prison along with two others on Tuesday morning after serving five years of a ten-year determinate sentence.

A nightly curfew and electronic monitoring by way of an ankle tag were imposed as an additional license condition on the three men, which was to be reviewed by the PSNI after a period of 90 days.

Mr Shiels said that police officers raised no concern during registration at a PSNI station in Derry that Mr Hegarty was the only one of the three who had not yet been fitted with an electronic tag by G4S.

He was subsequently arrested at his home at 10.45pm on Wednesday night by PSNI officers who said his license had been revoked.

G4S said they were unable to fit Mr Hegarty with an electronic tag despite, according to Mr Shiels, nobody from G4S attending with him or contacting Madden & Finucane to arrange a time to do so.

Mr Shiels said: “Mr Hegarty is now back on Roe 4 in Maghaberry less than 72 hours after being released.

“We are awaiting detailed written reasons from the Single Commissioner to be served on our client. As soon as they are received, it is our intention to make an Emergency Application for Judicial Review to challenge the decision to revoke his licence.

“Our view is that this is an appalling decision which is totally offensive to any principle of fairness or natural and justice which requires the urgent scrutiny of the High Court.

“Neil Hegarty was specifically found by the Crown Court not to be a dangerous defendant. He was found not to present as posing a risk of harm to the public. He was granted three periods of Compassionate Temporary Release during his incarceration into my care when his father-in-law and father passed away, to include an overnight stay in Cork for his father’s funeral. In relation to all of these releases, he abided by all terms imposed and always returned to custody early.”

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