Jailed loyalist paramilitary leader Johnny Adair was today granted to leave to challenge the Northern Ireland Secretary's decision to refuse him Christmas parole.
In the High Court in Belfast, Mr Justice Brian Kerr granted the leader of the Ulster Freedom Fighters' notorious C Company leave to apply for a judicial review of Dr John Reid's decision to keep him in jail over the Christmas and New Year period while more than 200 other prisoners are released.
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Johnny Adair. Photograph: Reuters.
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The hearing will take place on Christmas Eve.
Dr Reid yesterday blocked Adair's bid for Christmas parole while a hearing was in progress challenging an earlier refusal for parole several months ago.
Dr Reid based his decision on advice from the Police Service, but Seamus Treacey QC, for Adair, told the High Court there had been a lack of disclosure to his client about what the police had advised.
He said it was unfair to Adair that the "crucial material on which the decision was based" was not provided to him.
The judge said Adair had an arguable case on the issue of release of the information.
Paul Maguire, QC, for the Crown, said it was "unrealistic" for Adair to say he did not know why he was being refused parole.
The Secretary of State had received clear advice that police considered there was a "high risk of him becoming re-engaged in criminal activity if released even for a short period".
Dr Reid accepted he was under an obligation to act fairly in making his decision and the reasons must be obvious to Adair.
Adair was jailed for 16 years in September 1995 for directing terrorism.
He was released early from prison in September 1999 as part of the Belfast Agreement early release scheme, which saw hundreds of paramilitary prisoners walk free.
But he was sent back to jail in August last year at the height of a bitter loyalist feud that claimed the lives of seven men.
Former Northern Ireland Secretary Peter Mandelson ordered the 38-year-old to be locked up again after a security assessment deemed he had breached his early release conditions for involvement in the feud.
When a parole request earlier this year was rejected, Adair launched the legal challenge that he was finally granted today.
PA