Daily Mirror (Northern Ireland)
‘DON’T FREE STONE EARLY’
Court bid to keep killer in prison
JAILED loyalist killer Michael Stone “squandered” his one and only chance at an early release, the Court of Appeal heard yesterday.
Senior judges were told the Milltown Cemetery bomber is not entitled to any further opportunities after being sent back to prison for trying to murder Sinn Fein leaders Gerry Adams and Martin Mcguinness at Stormont.
The claims were made as a sister of one of Stone’s victims mounted a new legal bid to ensure he remains in prison.
Deborah Mcguinness is appealing a High Court ruling that gave Sentence Review Commissioners the right to consider his application to be freed early for a second time. Although 65-year-old Stone was refused in September last year, the case centres on his ability to make further requests.
Counsel for Ms Mcguinness insisted he should not be able to “turn on and off the tap of violence”.
Ronan Laver y QC argued: “The prisoner squandered his benefit and under the terms of this exceptional scheme isn’t entitled to reapply on multiple occasions.”
Ms Mcguinness’ brother Thomas Mcerlean was among three mourners Stone murdered in the attack on an IRA funeral at Milltown graveyard in West Belfast in March 1988.
The former UDA man was also the gunman in three other killings. He received a 30-year term for the sectarian murder campaign but obtained an early release in 2000 under the Good Friday Agreement.
Six years later, however, he was sent back to jail after trying to enter Parliament Buildings at Stormont, armed with explosives, knives and an axe, in a bid to kill Mr Adams and Mr Mcguinness.
Stone denied it had been an attempt to murder the pair, instead claiming it was an act of performance art.
As it stands he must remain in jail until at least 2024. His application to the SRC for release again under the terms of the Good Friday Agreement led to last year’s High Court battle.
A judge ruled the body has legal power to consider further applications after identifying no prohibition in the Northern Ireland (Sentences) Act 1998.
Even though commissioners then assessed and denied Stone’s request, Ms Mcguinness’ lawyers are challenging a determination they believe leaves him free to try again at any point.
Mr Lavery said: “It gives a licence to prisoners to turn on and off the tap of violence as it suits them.”
Peter Coll QC, for the SRC, described the interpretation of the legislation as “nonsensical and illogical”.
Stone’s barrister David Scoffield QC maintained: “The Act does allow us to have a second bite of the cherry.”
Lord Chief Justice Sir Declan Morgan reserved judgment in the appeal.