Francesca Kelly, whose brother Karol was murdered in 2018, has expressed shock that her family learned of Gary Anderson's release from prison only after he had already gone missing. Anderson, serving a 15-year sentence for Karol Kelly's death, absconded during a two-hour compassionate temporary release granted to attend his father's funeral in Londonderry on Monday, and remains unlawfully at large eight days later.
Anderson and his brother Sean were both sentenced to life imprisonment in 2023 for the stabbing death of Karol Kelly in Londonderry five years earlier. The release decision has triggered significant controversy in Northern Ireland, with questions raised about how a court came to approve the temporary leave after prison officials had initially refused it.
The Kelly family received notification of Anderson's release by telephone shortly before 14:00 BST on Monday—hours after the event had occurred and after he had already absconded from his court-approved civilian chaperone. Francesca Kelly told media that the family had no prior warning of any application for compassionate leave.
"At that stage the prisoner had already absconded for a few hours, so we weren't aware at all of any application for compassionate leave,"she said.
"There was initially a sense of disbelief."
She described the eight days since Anderson's disappearance as emotionally exhausting for the family.
"You work hard to move forward in your life. You work hard to ensure the loved ones still here are okay and can move forward in their lives. But the trauma, it sits quietly within each and every one of us and it only takes one slight trigger, and you're right back to that night, you're right back to that graveside, you're right back to that courtroom—and that's a very difficult place to be."
How was the release approved?
The Northern Ireland Prison Service initially denied Anderson's request for compassionate temporary release to attend his father's funeral. However, a judicial review hearing held on Sunday overturned that decision, and a judge granted the two-hour release subject to conditions.
According to the 15-page judgment, the Prison Service's original refusal was based on inaccurate information about Anderson's risk level. The duty governor at Maghaberry Prison had recorded Anderson's reoffending risk assessment at 32, indicating a high likelihood, when the actual score held on the Prison Service's internal system was 27, suggesting a medium likelihood. A legal representative for the Prison Service told the court that the inflated score had come from a colleague rather than from the duty governor's own assessment.
Mr Justice Rooney found that the duty governor had
"clearly took account of this incorrect information"when making the original decision. The judge described the Prison Service's decision as
"flawed"and found that it had taken into account
"irrelevant and incorrect factors."He concluded that the failure to use the correct risk assessment was unlawful.
After the judge invited the duty governor to reconsider the decision, the offer was declined—a choice the judge described as
"somewhat surprising."The judge then granted Anderson temporary release, finding that the Prison Service's decision was not proportionate.
According to reporting on the case, information relevant to the prison service was not communicated ahead of the release, adding another procedural concern to the decision-making process.
What were the release conditions?
Anderson was released on the condition that he would be collected by a named person and remain with that individual throughout the two-hour period. Court documents identified the chaperone as a relative of the prisoner—specifically an uncle—with no suggestion of any wrongdoing on his part.
Anderson was permitted to attend the funeral service at St Mary's Church in the Creggan area of Derry on Monday morning. However, he was not granted permission to attend the cremation service scheduled for that afternoon in Letterkenny, County Donegal, in the Republic of Ireland.
At some point during Monday morning, Anderson absconded from his court-approved chaperone. Policing and justice expert Danny Shaw described the arrangement as highly unusual.
"I can't remember, certainly in the UK, ever there being a situation like that where someone's been allowed out for a funeral without a prison officer or police officer in close attendance,"he said.
According to police updates, Anderson was last seen in the Eastway area of Creggan in Derry at approximately 11:00 BST on Monday. The Police Service of Northern Ireland has asked the public not to approach him and to contact police with any information, citing reference 555 of 14 September 2026.
What does the victim's family say about the justice system?
Francesca Kelly has been highly critical of how the system handled the release decision and its aftermath. She said the failings had occurred
"at the highest level"and indicated she intends to raise her concerns face-to-face with Justice Minister Naomi Long.
Kelly argued that the justice system has let down not only her family but also Karol's five children, the jury members who spent six weeks hearing evidence at trial, and the witnesses who testified about what they saw on the night of the murder.
"It is also the jury who gave up those six weeks. They listened to very thorough, onerous, and sometimes difficult evidence and came to the decision they came to. It has also let down those brave witnesses who took the stand to ensure that they could share what they'd seen and experienced that night. So yes, that is all the justice system has let all of us down, because their one job was to ensure that the sentence imposed by Judge Babington was adhered to, and it has not."
When asked if she had a message for Anderson, Kelly said the family had decided not to direct energy toward him. However, she offered a personal reflection on his situation.
"I just find there's a big difference between being free and having freedom. And I don't think a life where you're constantly looking over your shoulder, where you're living on your nerves, where you're not able to integrate in society or with those you love, I don't call that being free. And, you know, I put trust in the fact that I do believe in time, he will be returned to his cell. And I trust that once the consequences of this situation are laid bare, this may not have seemed like as good an idea."
What has the Justice Minister said?
Justice Minister Naomi Long has apologised to the Kelly family and agreed to meet them to discuss their concerns. According to official statements, Long said she is
"deeply concerned"about the temporary release decision and wants answers over how the process unfolded.
The circumstances surrounding Anderson's release have sparked a political row in Northern Ireland. Long denied on Monday that she had misled the assembly over the matter. She has now ordered an independent review into what happened and acknowledged that she understands why it would be distressing for Karol Kelly's family that one of his killers remains on the run.
According to the Justice Minister's account to the Assembly, Anderson was released under court conditions and then absconded, while the Department of Justice confirmed that prison officials had opposed compassionate temporary release before a court ordered the release anyway.
What happens next?
Police continue to search for Anderson's whereabouts. No confirmed capture has been reported, and the investigation remains active. The independent review ordered by the Justice Minister is expected to examine the decision-making process that led to the release and the subsequent absconding. A meeting between the Kelly family and the Justice Minister has been agreed in principle but no date has been confirmed.
Key Facts:
- Gary Anderson, serving a 15-year sentence for the 2018 murder of Karol Kelly in Londonderry, absconded on Monday during a two-hour compassionate temporary release to attend his father's funeral.
- The Northern Ireland Prison Service initially refused the release, but a judge overturned that decision after finding the refusal was based on an incorrect risk assessment score.
- Anderson was supposed to remain with a court-approved chaperone (identified as a relative) but disappeared at some point during Monday morning.
- The Kelly family was not informed of the release application or approval in advance and learned of Anderson's disappearance only hours after it occurred.
- Justice Minister Naomi Long has ordered an independent review and agreed to meet the victim's family to address their concerns about the decision-making process.
