Statement by TUV leader Jim Allister:
“The conviction of Seamus Kearney for the brutal murder of RUC Reserve Constable John Proctor in a hospital car park, just after he visited his newborn son, was welcomed by all who truly have any interest in justice and the needs of innocent victims. Sadly due to the perversion of justice in Northern Ireland Kearney served just two years of his life sentence.
“However, the failure of justice did not end there as Constable Proctor’s widow was never advised of Kearney’s release as she should have been.
“In response to Assembly questions I have been informed that:
“Following Mr Kearney’s successful application to the Sentence Review Commissioners, a letter was sent from the Northern Ireland Office advising that Mr Kearney would now be released on 27 November 2015. Unfortunately the Prisoner Development Unit (PDU) at Maghaberry did not seek to engage with Mrs McMullin in advance of Mr Kearney’s first period of home leave.”
“The circumstances of this case are particularly worrying because Kearney is living in close proximity to Mrs McMullin.
“The prison service needs to put in place measures to prevent any repeat of this situation.
“Furthermore I believe that it is incumbent on Minister Ford, as the person ultimately responsible for the justice system in Northern Ireland, to apologise in person to Mrs McMullin.”
Note to editors
Mr Allister’s questions and the responses received were as follows:
To ask the Minister of Justice why, and how, there were breakdowns in communication with the victim by the Prisoner Release Victims Information Scheme, as conceded by his Department’s counsel in the recent judicial review by June McMullin.
Mrs McMullin registered to receive information about Mr Kearney with the Prisoner Release Victim Information Scheme (PRVIS) in February 2014. At that time she received a letter from PRVIS confirming the details of his sentence and the kind of information she should expect to receive during his time in custody.
Following Mr Kearney’s successful application to the Sentence Review Commissioners, a further letter was sent from the Northern Ireland Office advising that Mr Kearney would now be released on 27 November 2015. Unfortunately the Prisoner Development Unit (PDU) at Maghaberry did not seek to engage with Mrs McMullin in advance of Mr Kearney’s first period of home leave. Mrs McMullin was contacted by PRVIS as soon as it was made aware of this oversight. In addition, I understand the Governor of the PDU wrote to Mrs McMullin to apologise for the oversight.
To ask the Minister of Justice what lessons have been learned on the operation of the Prisoner Release Victims Information Scheme from the recent Judicial Review application by June McMullin in respect of the weekend releases of her husband’s murderer; and what changes have resulted.
The three victim information schemes, which include the Northern Ireland Prisoner Release Victims Information Scheme (PRVIS), are co-located and managed by Probation Board for Northern Ireland (PBNI). Due to an oversight within the prison, PRVIS was not notified of Mr Kearney’s initial period of temporary release until after it had occurred. As a result, Mrs McMullin was not contacted in advance of Mr Kearney commencing periods of home leave.
Following this oversight PBNI and Northern Ireland Prison Service are currently reviewing information sharing arrangements to ensure timely provision of information in relation to prisoners where there is an actual or potential interest to the victim.
To ask the Minister of Justice to place in the Assembly Library the protocols or other guidance that relate to the operation of the Prisoner Release Victims Information Scheme.
The Prisoner Release Victims Information Scheme (PRVIS) is a statutory scheme as provided for in sections 68 and 69 of the Justice (NI) Act 2002. There are three victim information schemes in Northern Ireland, managed by the Probation Board for Northern Ireland’s Victim Information Unit. Guidance on eligibility for the PRVIS scheme, how it operates, and the information that can be provided through the scheme is available on the NI Direct website:
www.nidirect.gov.uk/victim-information-schemes