Top judge explains why on-the-run murderer was granted temporary prison release

Police have appealed directly to Gary Anderson to hand himself in after he absconded on Monday, while the public have been advised not to approach him.

Anderson, 29, was sentenced in 2023 to 15 years for the murder of Karol Kelly.

Father-of-five Mr Kelly died in Grafton Street in Londonderry in the early hours of March 4, 2018 after an altercation during which he was stabbed several times.

Anderson and his brother Sean Anderson were found guilty of the killing.

Both prisoners had applications for temporary compassionate leave to attend their father’s funeral turned down by the prison authorities.

Those decisions were challenged in the courts and while the decision to refuse leave to Sean Anderson was upheld, the court ordered that Gary Anderson could be temporarily released with conditions attached.

The office of Lady Chief Justice Dame Siobhan Keegan said that decision was made because the original decision to refuse the leave application was “not substantiated by the evidence which was provided to the court”.

A statement from the Lady Chief Justice’s office said: “On Sunday September 13 2026, the court heard an application for leave to challenge the decisions of the governors of Maghaberry and Magilligan prisons to refuse to release Gary and Sean Anderson (respectively) on compassionate temporary release (CTR) to attend their father’s funeral.

“The application was brought on the grounds that the decisions breached the ECHR rights of the applicants.

“The court found that the decision by the governor in respect of Sean Anderson was carried out lawfully and refused the application for leave to challenge the decision.

“In the case of Gary Anderson, the court held that the governor’s decision not to grant CTR was not substantiated by the evidence which was provided to the court.

“It granted the application for leave to challenge the governor’s decision and issued an order of mandamus requiring the release of Gary Anderson on CTR with conditions attached.

“This was an individual judicial decision, and it is not appropriate for this office to make any further comment.”

On Tuesday, DUP MLA Trevor Clarke tabled an urgent oral question asking Justice Minister Naomi Long to come to the Assembly on the same day to outline what happened.

The minister made clear to MLAs the decision to release Gary Anderson was taken by the court and not the prison authorities.

“Gary Anderson absconded from a short period of leave under the Prison Service’s compassionate temporary release scheme,” Ms Long said.

“All sentenced prisoners may apply for that kind of temporary release when a member of their immediate family has died or is critically ill.

“All applications made under the scheme are subject to a robust risk assessment that will consider the public safety risk posed by the prisoner together with their likelihood of absconding or reoffending.

“In the case of that prisoner, the Northern Ireland Prison Service considered and refused his application for compassionate temporary release.

“However, following an urgent judicial review, the court directed that a short period of release should be granted.

“Gary Anderson was subsequently released yesterday morning but absconded from his chaperone. That was a chaperone approved by the court and not a prison officer.

“The prisoner is currently unlawfully at large.”

The minister added: “The absconding was not due to abuse or failure of the Northern Ireland Prison Service compassionate temporary release scheme.

“The Prison Service, having conducted all the necessary checks and assessments, concluded that the prisoner was not safe to be released on a temporary basis. However, that decision was subsequently set aside by the court.

“Given those circumstances, I do not believe that it is necessary or proportionate for me to take steps to review how temporary release schemes operate, nor would doing so prevent similar occurrences in the future.”