Compo shock for NIO
Sunday, 18 November 2007
The wife of a former Provo gunman who was battered to death in a street fight has won a marathon legal fight to receive compensation.
Anne-Marie McCallion from Carnhill in Co Londonderry - whose husband Peter was killed in 1998 - was granted a judicial review over the Government's refusal to award her a criminal injuries claim.
The mum-of-four first applied in February 1999 for compensation but her claim was rejected by the Compensations Agency because of her husband's convictions for terrorism.
Peter McCallion was jailed for 18 years in 1978 for the attempted murder of a soldier and possession of weapons and explosives.
His widow urged the then Secretary of State Peter Mandelson to "use his discretion" and allow the compensation claim to proceed.
But after this was rejected she launched a legal challenge.
The 49-year-old's appeal against Mr Mandelson's decision was later dismissed by Government minister Paul Murphy in 2003. The widow then sought a judicial review on the grounds the decision had breached the United Nations Convention on the Rights of the Child.
She argued the decision was "irrational", "unfair" and had "deprived" her of making representations.
Mrs McCallion claimed she had not been given reasons for the decision after it had been made.
But a High Court Judge has now quashed the decision, ruling: "On the basis of the evidence adduced before me, I conclude the minister in making his decision to refuse compensation took into account the international obligation imposed by article two of the UNCRC and his reasoning for concluding there was no breach cannot be accepted."
Mr Justice Morgan said: "I further consider that there is an arguable case that the decision to refuse compensation is a breach of the convention. The arguments advanced on behalf of the minister are insufficient to establish that there was no such breach.
"Accordingly, I consider that the decision must be quashed."
Mrs McCallion last night said she felt vindicated by the court's decision.
"When I started all this I didn't think it would last this long. There were times when I felt like throwing in the towel.
"I'm delighted the courts have accepted the arguments I have been making for almost 10 years. I also think this decision could open the floodgates for other people in the same situation as me.
"Madden and Finucane did all the work for me and I can't thank them enough. This was not about the money, because no price can be put on a life. I was doing this for my children."
Sinn Fein MLA Martina Anderson also welcomed the court's ruling, adding: " This is great news for Anne-Marie but also for other families of former political prisoners in similar situations."
sbreen@belfasttelegraph.co.uk
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