14.12.04

Belfast Telegraph

Finucane killer to appeal for early release

By Mary Fitzgerald
14 December 2004

The loyalist jailed for murdering Belfast solicitor Pat Finucane is to appeal a decision to refuse him early release under the Good Friday Agreement, it emerged today.

Ken Barrett was sentenced to life imprisonment in September after he pleaded guilty to the 1989 murder.

The sentence came with a recommendation that Barrett serve no less than 22 years.

However, it is understood Barrett decided to plead guilty because he believed he qualified for the early release scheme and expected to be eligible for release by March of next year.

Shortly after he was convicted, the 42-year-old loyalist was moved from Maghaberry to Belmarsh prison in London. It is understood he was transferred because of concerns for his safety.

The Sentence Review Commission informed Barrett earlier this month that he is not eligible for early release because he is not serving his sentence in Northern Ireland.

Barrett's solicitor, Joe Rice, said his client will now appeal the decision through the commission's appeal process and if that should fail, he will pursue the issue through the courts.

"Mr Barrett was transferred to Belmarsh under a restricted transfer order. He therefore continues to be a prisoner under the regime applicable in Northern Ireland," Mr Rice said.

"We believe the commission has wrongly interpreted the legislation."

A spokesman for the commission dismissed the charge that it had misinterpreted the legislation.

"The commission feels that the advice it received is correct," the spokesman said.

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