Permission to challenge PSNI decision to question

Permission to challenge PSNI decision to question

By Ciaran Moynagh Comment Closed
A north Belfast republican has secured High Court permission to challenge a decision by police to stop and question him at an airport. Lawyers for Aidan Ferguson claim anti-terrorism legislation was unlawfully used to examine him on his return from a trip to Spain. He was granted leave to seek a judicial review in a case brought against the PSNI. Mr Ferguson, who describes himself as a community activist, issued proceedings over an incident at Belfast International Airport in November 2019. The Ardoyne man claims he was approached on arrival by police officers who knew his name and gave the impression they were stopping him for specific reasons. He was informed that the action was being taken under Schedule 7 of the Terrorism Act 2000, according to papers in the case. During a 20-minute period he was allegedly asked his views on the Irish border, Brexit and British Prime Minister Boris Johnson. In an affidavit provided as part of the case, Mr Ferguson claimed he was not...
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Judicial Review: Prison Transfer

Judicial Review: Prison Transfer

By Phoenix Law Comment Closed
Our client Martin Saunders has secured leave in his judicial review against the decision not allowing him to return to serve his sentence in Ireland. In his action against the Minister, the Irish Prison Service and the State, he seeks orders and declarations including quashing the decision to refuse his transfer request and that his constitutional rights have been breached. Mr Justice Charles Meenan, following a one-side only represented application, granted leave to bring proceedings and said the matter can return in January. source ...
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Kieran Smyth wins right to challenge return to prison

Kieran Smyth wins right to challenge return to prison

By Phoenix Law Comment Closed
Kieran Smyth was granted leave to seek a judicial review of the Secretary of State's decision to revoke his licence. It is claimed that it was unlawful to revoke his licence prior to a recommendation by the Parole Commissioners and that the Secretary of State wrongly appears to have suggested our client should be recalled for reasons of deterrence and to set an example. Proceedings were issued in a bid to have the revocation quashed. Following a hearing at the High Court Mr Justice McAlinden granted leave and listed the case for full hearing in February next year. Solicitor Gavin Booth said: "We believe our client was unlawfully recalled to prison without good reason and we intend to challenge this fully." ...
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