Wednesday, November 16, 2022

High court reporters

A High Court action brought by the mother of murdered boxer Kevin Sheehy aimed at preventing her son’s killer from being transferred from an Irish prison to one in the UK has been resolved.

The action brought Tracey Tully, whose 20-year-old son was killed by Logan Jackson at Hyde Road, Limerick on July 1st, 2019 was against the Minister for Justice.

Earlier this year she was granted permission to legally challenge the Minister’s decision to sanction Mr Logan’s proposed transfer to a prison in his native UK.

Ms Tully claimed the Minister’s decision amounted to a breach of her rights under the 2017 Victims of Crime Act.

The proceedings were resolved between the parties after the Minister for Justice decided to rescind her sanctioning of Jackson’s transfer to a British prison.

It is understood that both Jackson and Ms Tully’s representatives will make fresh submissions to the Minister regarding any renewed transfer application.

When the case was briefly mentioned before Ms Justice Siobhan Phelan on Wednesday the court was told that the parties had agreed that the case can now be struck out.

The court also made an order that legal costs incurred by Ms Tully, and Jackson be paid by the State.

Vowed to continue

Outside court a statement issued on behalf of Ms Tully, who was not in court for the case mention, said this success is now “just the bell between rounds” and the mother vowed to continue to fight on in what she described as “one last round for Kevin.”

Her solicitor Sinead Nolan paid tribute to Ms Tully and said “Tracey is a very brave woman, Kevin may have been the champion boxer, but his mother is the real fighter”.

In her proceeding Ms Tully sought an order quashing the Minister’s decision to allow Logan Jackson, who is serving a life sentence for Mr Sheehy’s murder, in Limerick Prison to be repatriated back to England.

She also sought declarations from the court including that the proposed transfer breaches her rights under the 2017 Victim of Crime Act and was made outside of the Minister’s powers under the 2019 Parole Act.

She further sought a declaration that the decision to transfer Jackson was unconstitutional as it removed the jurisdiction for sentencing Jackson from the Irish state and handed it over to another state.

Irish legislation she had claimed gives victims the right to be consulted on parole applications by their wrongdoers.

Ms Tully contended that those rights would be extinguished if Jackson’s transfer went ahead.

She claimed that she would not have had any say, nor be able to make submissions to the UK authorities if Jackson applies for parole.

Mr Sheehy, an Irish champion boxer, died after being repeatedly struck by a vehicle driven by Jackson of Longford Road, Coventry, England.

Last year Jackson was convicted of Mr Sheehy’s murder by a jury at the Central Criminal Court and was sentenced to life imprisonment.

Following his conviction Jackson, who is aged in his early thirties, successfully applied to the Minister for Justice for a transfer from Ireland so he can serve out his sentence in an English prison.

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