A Newry man serving a life sentence for murder has been granted a judicial review to challenge a security classification which is preventing his release from jail.
Thirty one year old Darren Hart, formerly of Mourneview Park in Newry received a life sentence for stabbing 18 year old Brendan McCabe to death in February 2002. Hart was still a youth when he carried out the fatal knife attack in Canal Street in the city and, although he has now served his minimum 12 year jail sentence at Maghaberry prison , his security classification means he cannot access parole or pre-release programmes.
At the High Court last week, his lawyers argued that the Northern Ireland Prison Service breached its duty to act fairly and they claimed the decision is unlawful and procedurally flawed.
Barrister Stephen Toal said the Prison Service had failed to provide a proper account of the information relied on for the security status.
Mr Justice Maguire ruled that an arguable case had been established on some grounds of challenge and he granted leave to seek a judicial review, listing the case for a further review in September.
Speaking outside court, Hart’s lawyer, Kevin McDonnell of O’Muirigh Solicitors, claimed the authorities are out of line with how classifications are determined for inmates in England and Wales.
“My client believes the security categorisation is unfair, procedurally and substantively, in how the Prison Service arrived at their decision,” said Mr McDonnell