New release bid for man caught in MI5 surveillance operation targeting Continuity IRA

Last month senior judges declared new anti-terror legislation which retrospectively pushes back Kevin Heaney’s release date is a breach of human rights.

Despite their ruling the disputed regulations remain in force until Parliament makes any necessary amendments.

With Heaney, 48, facing up to six months more behind bars, his barrister claimed he should be granted his freedom as a further remedy.

Ronan Lavery QC told the High Court yesterday: “There is an ongoing breach of Article 7 (of the European Convention on Human Rights).

“The court does have that capacity (to release him), although it’s certainly unusual.”

Legal challenges were mounted by Heaney, of Blackstaff Mews in Belfast, and three other men jailed last year following the MI5 bugging operation at a house in Newry, Co Down.

Under the terms of the Counter Terrorism and Sentencing Act 2021, brought in amid a public outcry over terrorist attacks at Fishmongers Hall and Streatham in London, offenders in Northern Ireland must now serve two-thirds of their term behind bars.

Their cases also have to be referred to Parole Commissioners before any release.

Defence lawyers claimed the new legislation represented a “nadir of unfairness”.

Their clients pleaded guilty on advice and were entitled to be sentenced under the criminal regime at that time, it was contended.

Backing that case, the Court of Appeal said the new provisions which increased the custodial terms had “subverted” the original sentencing arrangements.

The act was held to breach Article 7, which states there can be no punishment without law.

But appeal judges stressed the declaration of incompatibility does not affect the statute’s validity or continued operation.

Heaney is now pressing ahead with a separate judicial review action against the Department of Justice.

Under current arrangements he may not be eligible for a parole hearing until June, the High Court heard.

Tony McGleenan QC, for the department, insisted the legislation remains intact until Parliament decides otherwise.

Any legal attempt by Heaney and his co-defendants to secure release should be directed at the European Court of Human Rights, he argued.

“If they are seeking a remedy it’s in Strasbourg,” Mr McGleenan said.

However, Mr Justice Scoffield indicated his intention to hear the full judicial review as soon as possible.

Addressing Mr Lavery before adjourning, the judge acknowledged: “Your point is he should be out now, every day counts.”

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