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New Lodge man sent back to jail ‘for his principles’

Andersonstown News Thursday 2nd of January 2009

The wife of a New Lodge republican has slammed Secretary of State Shaun Woodward for returning her husband to Maghaberry Prison just days before he was due to spend his first Christmas with his family in six years.

Terry McCafferty was recently released on licence after serving a six-year sentence for a Real IRA bomb attack on a city centre tax office. Just over a week ago, he and his wife Martine were coming home from their honeymoon in Spain when he was arrested at Belfast International Airport and told his licence had been revoked.

It has since emerged that the father-of-five could go back to prison for another two years if a legal bid for freedom fails.

“We handed over our passports at the desk and this cop came over and took Terry into a room,” Martine explained.

“Two cops came over and told me his licence was being revoked and that he was being brought to Antrim holding centre. Then another two came over and when I asked them why, they said, ‘The Secretary of State revoked it.’ We still don't know why this is happening, no-one will give us answers. I know Terry is gutted about this, I'm disgusted with it. He's there for no reason at all. This would have been our first Christmas in six years and he was looking forward to it. I came home from the airport alone and all the kids were waiting up for him to come home and I had to tell them he was back in prison.”

Terry and Martine were married last year after prison bosses allowed the 40-year-old New Lodge man a three-day release.

The 32 County Sovereignty Movement (32CSM) held a white line picket on the Falls Road on Christmas Eve to protest about Terry's return to prison.

32CSM spokeswoman Marian Price said Terry had been returned to jail for sticking to his republican principles.

“This is basically internment by another name. Terry McCafferty has been sent back to jail for being a republican, that’s the only reason,” she said.

“It's absolutely abominable, he has served his sentence. The authorities can obviously do what they please here. He is being interned simply because he is a republican who came out with his principles intact. To their disgust he didn't come out a broken man and they decided to punish him and his family by sending him back to prison.”

An NIO spokesperson said: “On the basis of information available, the Secretary of State is satisfied that Mr McCafferty is a danger to others and that he is likely to commit further offences.”

A Prison Service spokesperson explained that Mr McCafferty could serve another two years in accordance with the terms of  the NI (Remission of Sentences) Act 1995 which means prisoners, at the behest of the Secretary of State, can be made to serve two-thirds of their sentence instead of half. 

This is subject, however, to the consideration of the Remission of Sentences Act Commissioner. “He has a right to make an appeal to the Commissioner,” the spokesperson added.

Local Sinn Féin MLA Carál Ní Chuilín said due process was crucial.

“If there is any evidence against Mr McCafferty then it should be brought to open court, enabling him to challenge any allegations made against him,” she said.

“It's vital that the legal system is seen to operate in an open, transparent and accountable manner and that everyone is entitled to due process in any legal proceedings. 

“It's clear that the decision by the British Secretary of State  to revoke Terry McCafferty's licence on the basis of allegations which he cannot contest in court is not the way to do business.”

Mr McCafferty's solicitor, Kevin Winters, said he would be challenging the decision in court.

“We have received from the Secretary of State a broad summary of reasons why he was taken back into custody. In the New Year we will be making an application to court to challenge the grounds for the revocation of his licence.”



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