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Tuesday, 9th February 2010

Loyalist wins right to challenge refusal of compensation

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Published Date: 28 April 2009
A FORMER loyalist prisoner whose taxi business was destroyed by paramilitaries has won High Court permission to challenge the refusal of compensation.
Jackie Mahood was granted leave to seek a judicial review of Secretary of State Shaun Woodward's decision not to make a discretionary payment.

He had been turned down due to terrorist convictions which saw him jailed for 15 years in the mid 1970s.


But Mr Justice Weatherup ruled that Mr Mahood had an arguable case based on claims that a top level Northern Ireland Office official allegedly made him a cash offer.

The judge said: "The Secretary of State's overall conclusion is that (compensation) is not in the public interest. Yet it is said that an offer of £40,000 was made."

Lawyers for Mr Mahood, 55, told how he ran the most successful depot in north Belfast before his drivers received death threats and 24 cars were attacked.

The father-of-three was targeted by paramilitary gangs attempting to "muscle in" on his firm, it was claimed.

Due to the intimidation a business turning a £70,000 a year profit had been lost, leaving him to live off the proceeds of a house sale, the court heard.

Mr Mahood was refused a discretionary payment under the criminal damage compensation scheme because of convictions for possession of a firearm and wounding with intent following a gun attack on a pub.

It was stressed, however, that since his release he has been heavily involved in peace work, including a role on the Loyalist Commission which negotiated a truce between rival paramilitary factions.

A key argument centred on an allegation that a high ranking official within the NIO's political affairs department offered to pay £40,000 if it was acceptable.

Instead, Mr Mahood estimated that the damage to cars, taxi equipment and 75 contracts with drivers was in the region of £200,000, according to his lawyers.

The court was also told that the original request was for £400,000.

With leave granted in the application, the case will now proceed to a full hearing in September.

Tony McGleenan, appearing for the Secretary of State, confirmed instructions will be taken from the civil servant at centre of the allegation.

The barrister added: "I understand the official who has been named has retired from service."



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  • Last Updated: 28 April 2009 9:43 AM
  • Source: News Letter
  • Location: Belfast
 
 
 


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