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Killer appeals train booze recall Killer appeals train booze recall
(about 1 hour later)
A convicted murderer and rapist has won High Court permission to challenge a decision to revoke his release on licence over an alleged drinking binge.A convicted murderer and rapist has won High Court permission to challenge a decision to revoke his release on licence over an alleged drinking binge.
Belfast man Stephen Boyle, 41, claimed it was unlawful for the Secretary of State recall him to prison just days before he was to be freed this month. Belfast man Stephen Boyle, 41, claimed it was unlawful for the Secretary of State to recall him to prison just days before he was to be freed this month.
Boyle received a 13 year tariff for murdering his flatmate in Dublin in 1996 and was transferred to NI.Boyle received a 13 year tariff for murdering his flatmate in Dublin in 1996 and was transferred to NI.
It was claimed that he broke the terms of pre-release leave by drinking.It was claimed that he broke the terms of pre-release leave by drinking.
The court was told Boyle was involved in a drinking session with an unnamed "well known personality" on a train journey from the Republic in May while on out on pre-release. The court was told Boyle was involved in a drinking session with an unnamed "well-known personality" on a train journey from the Republic in May while out on pre-release.
He was then given a second chance only to be discovered allegedly drunk and disorderly during the weekend of 31 July - 1 August.He was then given a second chance only to be discovered allegedly drunk and disorderly during the weekend of 31 July - 1 August.
Boyle was said to have carried out the murder of flatmate Gerard Hagan and badly injured two other associates in "an uncontrolled rage" fuelled by alcohol.Boyle was said to have carried out the murder of flatmate Gerard Hagan and badly injured two other associates in "an uncontrolled rage" fuelled by alcohol.
His lawyer disputed the claims and argued that by this stage the Parole Commissioners had already directed that he be released on licence.His lawyer disputed the claims and argued that by this stage the Parole Commissioners had already directed that he be released on licence.
He claimed the proper procedures were not followed and that the Secretary of State should have gone back and requested a fresh recommendation from the commissioners and that the recall was not backed by the Probation Board.He claimed the proper procedures were not followed and that the Secretary of State should have gone back and requested a fresh recommendation from the commissioners and that the recall was not backed by the Probation Board.
LawLaw
Mr Justice Deeny granted the application for leave to seek a judicial review of the decision after acknowledging there were questions of law which required clarification.Mr Justice Deeny granted the application for leave to seek a judicial review of the decision after acknowledging there were questions of law which required clarification.
"It seems to me that there is an arguable case as to whether the Secretary of State, exercising his powers under the Life Sentences Northern Ireland Order 2001, is obliged to physically allow the prisoner to be released on licence before he can serve a revocation on him," he said."It seems to me that there is an arguable case as to whether the Secretary of State, exercising his powers under the Life Sentences Northern Ireland Order 2001, is obliged to physically allow the prisoner to be released on licence before he can serve a revocation on him," he said.
However, the judge rejected an application for Boyle to be released on bail pending the full outcome of the legal case later this year.However, the judge rejected an application for Boyle to be released on bail pending the full outcome of the legal case later this year.
His refusal came after a lawyer for the Secretary of State set out strenuous objections.His refusal came after a lawyer for the Secretary of State set out strenuous objections.
"He is guilty of murder. The background of the murder is one whereby through the abuse of alcohol and in an uncontrolled rage he murdered one of his associates and badly injured two other associates in Dublin," he said."He is guilty of murder. The background of the murder is one whereby through the abuse of alcohol and in an uncontrolled rage he murdered one of his associates and badly injured two other associates in Dublin," he said.
"The wider context is that he has a most unsatisfactory criminal record involving other serious offences including rape.""The wider context is that he has a most unsatisfactory criminal record involving other serious offences including rape."
The barrister claimed that within a day of being shown the release licence, which included a requirement to control his drinking when emotionally distressed, Boyle breached the conditions.The barrister claimed that within a day of being shown the release licence, which included a requirement to control his drinking when emotionally distressed, Boyle breached the conditions.