Schoolboy's killer 'vindicated' in right to privacy case over monitoring of prison video calls

Nigel Brown, 40, ended judicial review proceedings following confirmation that the Northern Ireland Prison Service has put in place a new safeguarding policy.

His lawyer declared the outcome a vindication in taking the case over claims the surveillance breached his right to privacy.

Brown, who now uses his mother’s name and went to court as Nigel Lundy, is serving a minimum 20 years behind bars for the murder of Thomas Devlin.

Fifteen-year-old Thomas was stabbed to death close to his home in the north of the city in August 2005. He suffered multiple wounds to the chest, abdomen, arm, hip and face.

His friend, Jonathan McKee, was also attacked and knifed in the stomach. The victims had been walking back from a local shop with a third teenager when the killers struck on the Somerton Road.

In 2010 Brown, formerly of Whitewell Road in Belfast, and 37-year-old Gary Taylor, from Mountcollyer Avenue in the city, were jointly convicted of murder and attempted murder.

The trial judge said it had been a motiveless attack on utterly defenceless and harmless boys which shocked the entire community. Taylor was ordered to serve at least 30 years in prison.

Based on the period Brown has spent on remand, the tariff on his life sentence is due to expire in February 2028.

He challenged the Prison Service over monitoring virtual zoom calls at HMP Maghaberry with family members and his fiancee.

Lawyers for Brown further alleged a failure to formulate a policy to protect against the arbitrary surveillance of prisoners’ communications conducted by video-link.

They sought a declaration that the situation is unlawful, irrational and in breach of the right to private and family life under Article 8 of the European Convention on Human Rights.

At a previous hearing counsel for the Prison Service said a review was being carried out, with an anticipation that issues under challenge would be addressed.

It emerged today that the case has been withdrawn on terms agreed by both sides.

A judicially approved order confirmed the Prison Service has now issued a formal policy notice on safeguards required to ensure that any monitoring of inmates’ video calls will only be used when considered necessary and proportionate.

Brown’s solicitor, Owen Beattie, said: “This challenge has resulted in a roll out of new privacy protections for prisoners not just in Maghaberry, but across the prison regime.

“Our client has been vindicated in his decision to bring this legal action.”