The family of a murder victim have spoken of their horror after his killer was released from prison without their knowledge and went on the run. Gary Anderson, jailed for life alongside his brother Sean for the 2018 murder of Karol Kelly in Londonderry, has been at large for eight days after being granted two hours of compassionate leave from Maghaberry Prison last Monday. His release followed a court ruling the previous day that overturned a decision by the Northern Ireland Prison Service (NIPS) to keep him in custody.
Family Left in the Dark
Karol’s family had no idea Anderson had applied to leave prison and only learned of his release after he had already disappeared. His sister, Francesca Kelly, said the ordeal had taken a devastating toll and accused the justice system of letting them down. She is now seeking a face-to-face meeting with Northern Ireland Justice Minister Naomi Long over what she described as failings “at the highest level”.
Francesca revealed her family received a phone call shortly before 2pm on Monday informing them of his release, hours after he had gone missing. She told BBC News NI: “At that stage the prisoner had already absconded for a few hours, so we weren’t aware at all of any application for compassionate leave. There was initially a sense of disbelief. I felt that maybe he would go missing for a few hours but eventually hand himself in. We certainly didn’t think we would be sitting one week and a day later with him still at large.”
Compassionate Leave Granted for Funeral
Anderson was granted temporary release by a judge the day before his father’s funeral, despite prison officials initially rejecting his application. His brother Sean, who is serving his sentence at Magilligan Prison, also applied for compassionate leave, but the decision to refuse his request was upheld.
The funeral took place at St Mary’s Church in the Creggan area of Derry last Monday morning. Anderson was permitted to attend the service for two hours but was not allowed to travel to the cremation later that afternoon. However, he managed to escape from his court-approved civilian chaperone at some point that morning. The person appointed to accompany him was his uncle, although there is no suggestion of any wrongdoing.
Francesca questioned why a relative had been given responsibility for supervising a prisoner at a family funeral. She said: “I don’t consider a family member going to a family funeral neutral. I just feel it’s an unfair burden, even on someone whenever they are family and they’re in a family situation like that, to be expected to be fully present at every given moment and ensuring that the prisoner is beside them. I find that would be very difficult.”
Court Ruling Reveals Errors in Risk Assessment
Questions have since been raised over how Anderson was granted compassionate leave, with a 15-page court judgment revealing that prison officials had relied on incorrect information when assessing the risk he posed. His likelihood of reoffending had been recorded as 32, indicating a high risk, when the Prison Service’s internal system showed a score of 27, placing him in the medium-risk category.
Mr Justice Rooney found that the duty governor at Maghaberry Prison had taken the incorrect information into account when refusing Anderson’s application. The judge offered prison officials the opportunity to reconsider their decision, but the offer was declined. He subsequently ruled that the original refusal was unlawful and granted Anderson temporary release subject to conditions.
However, Justice Minister Naomi Long has since said a procedural failure by the Departmental Solicitor’s Office meant prison officials were never informed that they had been given the chance to reconsider. Naomi has apologised to the Kelly family and agreed to meet them to hear their concerns. She has also ordered an independent review into the circumstances surrounding Anderson’s release.
Francesca described the past eight days as “exhausting”, saying his disappearance had brought back painful memories of her brother’s murder and the family’s long fight for justice. She added: “You work hard to move forward in your life. You work hard to ensure the loved ones still here are okay and can move forward in their lives. But the trauma, it sits quietly within each and every one of us and it only takes one slight trigger, and you’re right back to that night, you’re right back to that graveside, you’re right back to that courtroom - and that’s a very difficult place to be.”
She said: “It has also let down those brave witnesses who took the stand to ensure that they could share what they’d seen and experienced that night. So yes, that is all the justice system has let all of us down, because their one job was to ensure that the sentence imposed by Judge Babington was adhered to, and it has not.”
Despite the ordeal, Francesca said she believed Anderson would eventually be caught and returned to prison. “And I trust that once the consequences of this situation are laid bare, this may not have seemed like as good an idea.”
