Convicted killer launches High Court bid
14 January 2010 --
A convicted killer has launched a High Court bid to
secure assurances that his prison visits are not being
subjected to covert surveillance.
Louis Maguire, who is serving a 24-year sentence for
shooting his wife's former lover, wants a guarantee that
conversations with her are not being secretly monitored.
The 44-year-old is being held at Maghaberry Prison while
awaiting his appeal against being found guilty of murdering
David Barnes in March 2003.
Mr Barnes, 39, was shot in the head as he lay in bed
beside his girlfriend at his flat on the Antrim Road in
north Belfast.
Maguire, formerly of Whinpark Road, Newtownards, was on home
leave while serving a prison sentence for robbery at the
time of the killing.
Opening an application for leave to seek a judicial review
today, his barrister told the court evidence gathered from
previous covert surveillance was then used at trial against
Maguire.
Barry Macdonald QC said: "There is interference with the
right to privacy and family life because visits from family
members may be monitored."
The case now hinges on a decision on whether it should
proceed at the High Court or be determined by a tribunal set
up under the Regulation of Investigatory Powers Act 2000 to
examine issues involving the intelligence services.
Mr Macdonald argued that because it was being brought
against the Prison Service it should remain a judicial
review application.
He said: "Mr Maguire is not making a complaint about conduct
in the past. He knows from his experience certain things
have happened in the past and he is now seeking an assurance
these things will not happen in the future."
According to the barrister the case was now about a question
of law.
But Peter Coll, for the Prison Service, argued that even if
the court held that the Investigatory Powers Tribunal did
not have exclusive jurisdiction it would still provide an
effective alternative remedy.
Mr Coll also claimed the legal challenge was academic
because, under prison rules, all visits should take place
within hearing of warders.
He added: "It's difficult to see where the application on
covert surveillance comes into play. There is a clear,
specific right on the part of the prison authorities to be
right there openly."
The judge, Mr Justice Treacy, reserved his initial ruling on
the jurisdictional issue of whether the case should be heard
in court or at a tribunal.
Following the hearing Maguire's solicitor, Fearghal Shiels
of Madden and Finucane, claimed the privacy issues at stake
were crucial.
He said: "The potential implications for this defendant and
future defendants are enormous as such assurances, if
denied, would controvert the protections afforded by Article
8 of the European Convention."
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