Madden & Finucane
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Madden & Finucane
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the Madden & Finucane
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Partnership. The Aisling Bursaries are designed to help students defray their
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The Court of Appeal in Northern Ireland has delivered judgment in an appeal
by Gerard Magee relating to the refusal of the Secretary of State for Northern
Ireland to award compensation following a grave miscarriage of justice
08 June 2007 --
The Court of Appeal in Northern Ireland has delivered judgment in an appeal by
Gerard Magee relating to the refusal of the Secretary of State for Northern
Ireland to award compensation following a grave miscarriage of justice.
Gerard Magee was convicted on 21 December 1990 by a Diplock Court of explosives
offences and sentenced to 20 years imprisonment. The Northern Ireland Court of
Appeal dismissed his appeal, however, following a successful application to the
European Court of Human Rights which established that the conditions of Mr
Magee's detention at Castlereagh Holding Centre and the denial of access to his
solicitor violated his human rights, the Criminal Cases Review Commission
referred his case back to the Court of Appeal, and his convictions were
subsequently quashed.
An application for compensation to the Secretary of State was refused, and
upheld by Girvan J. at the High Court in Belfast. Mr Magee appealed that
decision.
Mr Magee's solicitor, Peter Madden of Madden & Finucane, said today:
"The European Court of Human Rights established that Gerard Magee was detained
in a coercive environment in order to incriminate himself without the benefit of
legal advice. The European Court relied upon the findings and recommendations of
the European Committee for the Prevention of Torture in relation to oppressive
conditions in Castlereagh designed to place detainees under immense
psychological pressure. The NI Court of Appeal has now stated it was well known
that Castlereagh was an oppressive regime, and was specifically designed as such
in order to deal effectively with what it calls terrorist suspects. Regrettably,
whilst Castlereagh Holding Centre was in use, such defence submissions to that
effect regularly fell upon deaf ears. We will be considering an appeal to the
House of Lords on Mr Magee's behalf."
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