…By Lola Smith for TDPel Media.
Former Sinn Fein President Gerry Adams was denied compensation for wrongful convictions for attempting to escape the Long Kesh internment camp in Northern Ireland in the 1970s, even though the convictions had been quashed.
Adams won an appeal in the Supreme Court in 2020 over his historical convictions.
However, when he applied for compensation from Stormont’s Department of Justice, he was denied.
On Friday, the High Court in Belfast ruled that the decision was unlawful.
Adams was interned without trial in 1973 at Long Kesh, also known as the Maze prison.
His lawyers argued in his Supreme Court hearing that his detention was unlawful because the interim custody order (ICO) used to initially detain him was not authorised by the then-Secretary of State for Northern Ireland Willie Whitelaw.
Adams’ legal team argued that his convictions should be overturned.
The Supreme Court ruled in favour of Adams, stating that his detention was unlawful because it had not been “considered personally” by Whitelaw.
However, when Adams applied for compensation, the DoJ refused, arguing that payment for a miscarriage of justice was only due in cases where a “newly-discovered fact” had led to the overturning of convictions.
The department argued that Adams’ conviction was overturned based on an interpretation of what was required in law in the 1970s, rather than a new or newly-discovered fact.
Adams challenged the DoJ’s decision in Belfast High Court, and a judge ruled in his favour on Friday.
Justice Colton said that the issue related to the ICO was not a fact known to Adams or the court at the time of his trial.
He said it formed the basis of the Supreme Court’s ruling.
Justice Colton quashed the DoJ decision, declared it unlawful, and ordered that Adams’ application be reconsidered.
Analysis and commentaries:
The ruling by the High Court in Belfast is significant for Gerry Adams, who has been fighting to receive compensation for wrongful imprisonment.
The DoJ’s argument that compensation should only be paid in cases where there is a “newly-discovered fact” is somewhat narrow and overlooks the fact that Adams’ detention was deemed unlawful.
The ruling by Justice Colton recognises this and is an important step in ensuring that individuals who have been wrongfully imprisoned receive compensation.
The case also highlights the need for transparency and accountability when it comes to the detention of individuals without trial.