Convicted Republican killer loses legal challenge to his release conditions

Thomas McWilliams, 58, claimed the new conditions represent intrusive supervision of Troubles-era "politically motivated" ex-prisoners.

But a judge today rejected arguments that the requirement to engage with Multi-Agency Review Arrangements (MARA) breaches the 1998 Good Friday Agreement and violates his right to privacy.

McWilliams, from the Ardoyne area of north Belfast, received a life sentence for murdering a Protestant grocer in March 1993.

Norman Truesdale was gunned down at his shop on the city's Oldpark Road, with the IRA alleging at the time that he had been a loyalist paramilitary.

In 1995 McWilliams received a life sentence following his conviction for the murder and other offences of hijacking, false imprisonment and belonging to a proscribed organisation.

Initially freed on licence in 2000 under the terms of the Good Friday peace accord, he was returned to prison for removing a gun from the scene of rioting in Belfast.

The semi-automatic weapon had been used to fire shots at officers in Ardoyne in July 2012.

McWilliams was given a 12-year sentence, but released again on life licence in 2018.

Amendments to his supervision conditions introduced in 2021 involve active monitoring by a MARA officer.

Judicial review proceedings were issued against the Department of Justice, disputing the legal right to change terms originally recommended by the Parole Commissioners.

Lawyers representing McWilliams alleged a breach of the 2001 Life Sentences (NI) Order.

Past convictions for crimes such as the 1993 murder are not valid criteria for the classification of terrorist risk offenders two decades later, according to their case.

The court heard that the type of supervision required by the amended licence goes against a scheme established by the Good Friday Agreement.

Objections were raised to the insertion of a requirement for active supervision by MARA which could include questioning relating to the index offence of murder committed whilst a member of the IRA in 1993.

Counsel for McWilliams contended that “interrogating” former prisoners convicted of politically motivated offences, under threat of being returned to prison for the remainder of a life sentence, was unlawful.

But Mr Justice Colton said he is not obliged to answer any questions about the offences from 1993.

He highlighted McWilliams’ status as someone serving a life sentence for murder who is not currently on release as a result of the 1998 peace treaty.

“He clearly comes within the definition of a TRO (Terrorist Risk Offender) and within the scope of the MARA scheme,” the judge held.

Dismissing further claims of breaching Article 8 rights to privacy, Mr Justice Colton stated that any interference was justified.

“The purpose of a licence is for the protection of the public, to reduce offending and to assist in the rehabilitation of an individual offender,” he added.

“It could not be considered disproportionate to impose a requirement on such an offender to work with supervision officers to co-operate with risk assessment procedures.”

Outside court McWilliams’ solicitor, Michael Brentnall, confirmed plans to appeal the verdict.

Mr Brentnall said: “This judgement has ramifications for all life licence prisoners released under the Good Friday Agreement, who have the potential to fall within this category and thereafter under the supervision of MARA.”