Real IRA ‘leader’ in Supreme Court bid
A Belfast man sent back to jail based on intelligence claims that he was a Real IRA leader planning terror attacks immediately after his release is to take his legal challenge to Britain’s highest court.
Terence McCafferty is seeking to overturn a decision by Northern Ireland Security Minister Paul Goggins to revoke his licence.
His lawyers argue that only Secretary of State Shaun Woodward had the power to order his return to prison.
Even though he has already lost an appeal against the decision, McCafferty’s legal team have sought certification to take the case before the Supreme Court in London on a point of law of general public importance.
Their request was refused by a three-judge panel sitting in the Court of Appeal.
However, a solicitor for McCafferty later confirmed his intention was now to petition the Supreme Court directly.
The 41-year-old, from the New Lodge area of the city, received a 12-year sentence in July 2005 after being convicted of possessing explosives.
He was released on licence last November, only to be rearrested the following month and returned to Maghaberry Prison near Lisburn, Co Antrim.
Mr Goggins authorised the revocation on the grounds that his continued liberty would put the public at risk and the possibility of further offences.
Following a failed application for a writ of habeas corpus, McCafferty sought to overturn the decision in the Court of Appeal.
Allegations
In dismissing that challenge last month, judges set out the contents of the letter from the Security Minister giving reasons for revoking his licence.
It stated: “In reaching that decision Paul Goggins had regard to information made available to him that you are a leading and active member of the RIRA, who held the position of officer commanding of RIRA prisoners within HMP Maghaberry prior to your release from prison in November 2008.
“During your sentence, you remained in regular contact with senior RIRA members and involved in directing RIRA business, and displayed a clear desire to continue your involvement in RIRA activity on your release, including in becoming involved in plans for attacks that would present a threat to public safety.
“From immediately on your release you have been in regular contact with leading RIRA figures. It is assessed that you have taken up a leading role in the organisation and have been involved in plans to conduct attacks.”
McCafferty categorically denies the allegations in the letter, which was contained in a summary of the nine-page Court of Appeal judgment.
His legal team claimed the Security Minister was biased because he was unlikely to have made an independent decision on someone believed to pose a threat.
It was also argued that he probably had access to “damaging information” which could not be seen by McCafferty or his advisors for security reasons.
But appeal judges found no substance in the submissions and held that the Security Minister was entitled to exercise the relevant decision-making functions.
