Man on terror charges wins legal challenge to being found guilty of agression towards warder.
High Court, Belfast
A MAN accused of trying to murder police officers has succeeded in a legal challenge to being found guilty of aggression towards a warder.
Harry Fitzsimons issued proceedings over the finding that he flouted discipline at Maghaberry prison by allegedly shouting at the officer: “I’ll make sure you will never work on these landings again.”
The 47-year-old remand inmate sought a judicial review after the Prison Service refused to accept a watchdog recommendation that the adjudication should be removed from his record.
At the High Court yesterday it was confirmed that the authorities have now decided to quash the finding.
Counsel for the Prison Service accepted the legal action was the “catalyst” for their reconsideration.
Withdrawing the challenge by consent, Mr Justice Weir awarded costs in favour of Fitzsimons.
The prisoner, of no fixed address, is currently on remand charged in connection with a gun attack on a PSNI convoy in north Belfast in December 2013.
He is accused of the attempted murder of police officers and membership of a proscribed organisation – namely the IRA.
Fitzsimons faces a further charge of conspiring with co-accused Colin Duffy (47) and 53-year-old Alex McCrory, of Belfast, to murder members of the security forces.
The trio were arrested following a surveillance operation carried out close to Duffy’s home in Lurgan a day after the shooting incident.
Prosecutors claim the three men were secretly recorded discussing the attack and future terrorist operations.
Fitzsimons has been on remand awaiting a decision on whether he is to stand trial for the alleged offences.
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