An Affront to any Notion of Justice

By AM Thursday, August 9, 2012

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Pauline Mellon with a letter taking The North of Ireland's political boss Owen Paterson to task over his dissembling on the ongoing imprisonment of Marian Price.

I am writing to you In relation to the letter from the Secretary of State for Northern Ireland Owen Paterson published in the Guardian Friday 3rd August 2012. In response to the Guardian Mr Paterson states that he is 'grateful for the opportunity to set out the facts.'

I would state that what Mr. Paterson claims are facts and what the facts actually are, are completely disparate.

As one of the broad spectrum of people campaigning for Marian Price I feel her treatment is an affront to any notion of justice, due process or a peace process. This current situation is reminiscent of the darkest days of the conflict in the North of Ireland when the government showed scant regard for human rights.


The act of imprisoning a fifty eight year old woman whilst on bail can only be described as vindictive. Marian Price was sent back to prison to serve time for offences committed nearly forty years ago, offences she was pardoned for. Shortly after Marian's release from Armagh Gaol in 1980 she received the Royal Prerogative of Mercy.

Mr Paterson claims that this RPM did not cover her life sentences. Can we assume then that Mr Paterson has some psychic ability? After all he claims to know the content of this document yet fails to mention that it was either 'lost or shredded' by the British authorities. If Mr Paterson is basing his 'facts' on this psychic ability of his then as someone who supports the rule of law and the notion of a democratic society I am gravely concerned. It must be noted that this document is the only RPM in the history of the British Monarchy to be 'conveniently' lost or shredded. Maybe Mr Paterson could use his psychic ability to locate this document ?

At present Marian is seriously ill with pneumonia and is held under guard in an isolated hospital ward, even though the charge that led to her arrest and internment was dismissed by the court. She now faces a charge based on third party hearsay evidence.

Mr Paterson claims that Marian has the opportunity to challenge the case against her and as yet has not. This begs the fundamental question, how can you challenge something when you or your legal team have not been given full disclosure of the evidence against you? Furthermore I'm sure Mr Paterson is aware that due to the damage caused by twelve months of forced isolation, nine of which were spent in an all male prison, Marian can no longer effectively participate in proceedings to defend herself.

In another attempt to declare his 'facts' Mr Paterson refers to the Parole commissioners as being 'wholly independent' yet in a recent interview on the RTE Pat Kenny show Mr Paterson said 'they make a recommendation to the Secretary of State who may or may not take it.'

To look at the actual legislation we find that; Article three of the amended life sentences order 2001 states:

The Secretary of State may notify the Department of Justice that a life prisoner is not to be released under this Article without the Secretary of State’s agreement; and, if the Secretary of State gives such a notification in relation to a prisoner, the Department of Justice may not release the prisoner under this Article without the Secretary of State’s agreement.

The facts call into question the independence of the parole commissioners and also the Justice powers devolved to the Stormont Assembly.

The central fact is that Mr Paterson unelected by and unaccountable to the people in the North of Ireland can make a decision to release Marian Price on compassionate grounds this fact is clearly evident from the legislation.