Gary Anderson, a 29-year-old serving a 15-year sentence for the 2018 murder of Karol Kelly in Londonderry, has been absent from Maghaberry prison for four days after failing to return from compassionate temporary release granted to attend his father's funeral. The escape has prompted calls for Northern Ireland's justice minister to meet with the Kelly family, who say they were not informed of Anderson's release until after it had already taken place.
Anderson was released from Maghaberry Prison on Monday morning following a court decision that overturned the prison service's initial refusal to grant him compassionate temporary release (CTR). He absconded from his court-approved civilian chaperone during the funeral proceedings, which took place at St Mary's Church in the Creggan area of Derry on Monday morning, followed by cremation in Letterkenny, County Donegal, that afternoon.
SDLP MLA Mark H Durkan met with the Kelly family on Wednesday and described them as "distressed, annoyed and frustrated at the current situation." He has written to Justice Minister Naomi Long requesting a formal meeting between the minister and the family to address their concerns about how the release was authorised and managed.
What systemic failures allowed this to happen?
The Kelly family has raised serious questions about the decision-making process that led to Anderson's release. According to the Lady Chief Justice's office, the court heard Anderson's challenge to the prison governors' refusal on 13 September 2026 and found the governors' decision was not substantiated by the evidence presented to the court.
The prison service had initially refused to grant Anderson compassionate temporary release, but that decision was overturned by a judge through urgent judicial review. Durkan said the family was particularly concerned about what evidence—or lack thereof—the prison service had provided to the court in support of its refusal.
"It's clear that someone in some prison seems to have dropped the ball here while the courts are blaming the prison, the prison are blaming the courts and the Kelly family are sort of stuck in the middle of that back and forth and that's not good enough. They deserve much better than that."Durkan told BBC Radio Foyle's North West Today programme.
Why was the family not informed in advance?
The Kelly family only became aware of Anderson's pending release when it had already happened, according to Durkan. The family has raised questions about how the release was managed, who the civilian chaperone was, how they were approved by the court, and crucially, how the victims' family was informed—or in this case, not informed—of the decision.
Durkan emphasised that the family would not begrudge Anderson and his brother attending their own father's funeral, but they have legitimate concerns about the process and transparency surrounding the decision.
"They have questions that they need answered,"he said, adding that
"they know there's clearly systemic issues here that need addressed and we need to work alongside the minister to identify them and address them."
What does the justice minister say?
Justice Minister Naomi Long defended the court's decision, stating that the prison service had reached "the right conclusion" in relation to Anderson's release and that the judge, armed with the information presented, had legitimately reached a different conclusion than the prison authorities.
"That is part of the process and entirely legitimate,"Long said on Wednesday.
According to a national broadcaster's report, Long told the Assembly that Gary Anderson's release was not an abuse or failure of the compassionate temporary release scheme. She emphasised that all such applications are subject to a "robust risk assessment" covering public-safety risk and the likelihood of absconding or reoffending.
The minister noted that the majority of prisoners on short-term release return to custody as required and urged Anderson to hand himself in, describing him as "a threat to the public and he is potentially also at risk."
What about Anderson's brother?
Anderson's brother Sean, who is serving 17 years for the same murder of Karol Kelly, also challenged the decision not to release him from Magilligan Prison to attend the funeral. That application was refused by the same judge who approved Gary Anderson's release, and the refusal was upheld.
Who is Gary Anderson and what is he wanted for?
Gary Anderson was one of two brothers convicted in connection with the 2018 stabbing death of Karol Kelly in the Grafton Street area of Derry. Anderson is currently serving a 15-year sentence for the murder. According to police descriptions, Anderson is approximately five feet 11 inches tall, of slim build, with brown hair.
Police and the Prison Service have appealed directly to Anderson to hand himself in since his disappearance on Monday. The public have been advised not to approach him directly and should contact police if they have information about his whereabouts.
What happens next?
Police continue to seek Anderson and have maintained their appeal for him to surrender to authorities. The Department of Justice has urged anyone with information to contact police as the investigation into Anderson's whereabouts continues. Durkan has written to Justice Minister Long requesting a meeting with the Kelly family to address their concerns and to identify systemic issues that need to be resolved to prevent similar situations in the future.
Key Facts
- Gary Anderson, 29, failed to return to Maghaberry prison on Monday after being granted compassionate temporary release to attend his father's funeral
- The prison service initially refused his release, but a court overturned that decision on Sunday following urgent judicial review
- Anderson absconded from his court-approved civilian chaperone during the funeral proceedings in Derry
- The Kelly family was not informed of Anderson's release until after it had already taken place
- Police have appealed for Anderson to hand himself in and have advised the public not to approach him
