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Derry republican set for payout following NIO error

Tony Taylor, who was released from prison under the terms of the GFA, was returned to Maghaberry last month by the Secretary of State.
Tony Taylor, who was released from prison under the terms of the GFA, was returned to Maghaberry last month by the Secretary of State. Tony Taylor, who was released from prison under the terms of the GFA, was returned to Maghaberry last month by the Secretary of State.

A DERRY republican, who had licence revoked last month, is to sue authorities after it emerged the process that returned him to jail was unlawful.

Tony Taylor (48) was returned to Maghaberry prison in March under the instructions of Secretary of State Theresa Villiers.

However it has emerged that he could now be in line for a five figure payout after the Northern Ireland Office (NIO) conceded the first three weeks of detention were unlawful due to incorrect procedure in revoking his licence.

In previous cases of unlawful detention, prisoners have been paid up to £1,000 for every day they were wrongfully held behind bars.

A former Provisional IRA prisoner, in 1994 Taylor was sentenced to 18 years in jail after being seriously injured in a premature explosion in Derry. He was released under the terms of the Good Friday Agreement.

In 2011, he was sentenced to three years behind bars for possession of a rifle in a case that made history by using covert surveillance evidence gathered by a British army drone. It was the first case of its kind to come before the courts in Northern Ireland.

The NIO said the decision to revoke his licence was based on the "risk to the public".

However, solicitor Aiden Carlin had said they would be challenging his detention through the High Court adding that the Secretary of State had now accepted that the order made on March 9, to return his client to prison was "outwith", or beyond the relevant law.

"Carlin Solicitors are now pursuing compensation for Tony Taylor for the three weeks he has been unlawfully detained," the solicitor said.

"However, the status quo remains. Tony Taylor is still in custody and a Judicial Review of the lawfulness, necessity and proportionality of his recall is still being pursued.

Mr Carlin claimed that Parole Commissioners did not consult the Probation Board about the Derry man's conduct while on licence.

"Instead the Parole Commissioners recommended his licence be revoked on the basis of alleged MI5 surveillance rather than the ample supervision evidence available which confirms Tony Taylor's membership of Republican Network for Unity (RNU) is lawful and peaceful.

"There is simply no objective evidence that Tony Taylor has breached the conditions of his licence. Hence, no new charges which could have led to a fair trial and the proper testing of evidence by the defence in court.

"Tony Taylor's recall should be a matter of concern for all those with an interest in human rights", Mr Carlin added.

RNU spokesman Nathan Stuart said: "The continued detention of Tony Taylor is a clear cut case of internment and he must be released immediately," he said.

An NIO spokesman would not comment on the error in the original decision but said: "Mr Taylor pleaded guilty to serious firearms offences, the sentence for which he was completing while released on licence. The law provides that individuals may be recalled to prison to serve the remainder of their sentence if they breach the conditions of their licence.

"On this basis the Secretary of State has revoked Mr Taylor's licence. A full hearing by the independent Parole Commissioners will take place to consider the basis on which his licence was revoked at which Mr Taylor will have full legal representation.

"The Secretary of State’s priority is the protection of the public and she must act on information indicating if they are at risk of serious harm. As proceedings are ongoing it would be inappropriate for the NIO to comment any further."