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| Version 1 | Version 2 |
|---|---|
| Jailed pair appeal vote verdict | Jailed pair appeal vote verdict |
| (about 3 hours later) | |
| Two prisoners have lost their High Court fight to be allowed to vote in the Northern Ireland Assembly election. | Two prisoners have lost their High Court fight to be allowed to vote in the Northern Ireland Assembly election. |
| The judge also dismissed their claim that the poll should be postponed until the men could be included on the electoral register. | |
| The case was brought by robber Ciaran Toner and burglar Hugh Walsh who claimed a ban on prisoners voting breached their human rights. | The case was brought by robber Ciaran Toner and burglar Hugh Walsh who claimed a ban on prisoners voting breached their human rights. |
| The decision is now being contested in the Court of Appeal. | |
| 'Hardship and detriment' | 'Hardship and detriment' |
| In Friday's earlier High Court hearing, the judge said it was of profound importance that "no impediment be placed in the path to progress". | In Friday's earlier High Court hearing, the judge said it was of profound importance that "no impediment be placed in the path to progress". |
| Mr Justice Gillen said: "To take a risk-laden step which would imperil or prejudice the election at such short notice would visit hardship and detriment on the concept of good administration in Northern Ireland at this time. | Mr Justice Gillen said: "To take a risk-laden step which would imperil or prejudice the election at such short notice would visit hardship and detriment on the concept of good administration in Northern Ireland at this time. |
| "The population at large have a legitimate expectation that the election will occur on schedule and the court should not readily become the instrument that frustrates that expectation." | "The population at large have a legitimate expectation that the election will occur on schedule and the court should not readily become the instrument that frustrates that expectation." |
| The pair's lawyer had accused Secretary of State Peter Hain of "dragging his heels" by failing to ensure prisoners were given the right to vote following a European Court judgement two years ago that a blanket ban was unlawful. | The pair's lawyer had accused Secretary of State Peter Hain of "dragging his heels" by failing to ensure prisoners were given the right to vote following a European Court judgement two years ago that a blanket ban was unlawful. |
| But Mr Justice Gillen said the government had prepared an action plan to address the situation as it accepted that a blanket ban was incompatible with the European Convention. | But Mr Justice Gillen said the government had prepared an action plan to address the situation as it accepted that a blanket ban was incompatible with the European Convention. |
| 'Mischief' | 'Mischief' |
| "The mischief is clearly being addressed although the outcome, from the point of view of the applicants, is shrouded in mystery," he said. | "The mischief is clearly being addressed although the outcome, from the point of view of the applicants, is shrouded in mystery," he said. |
| In any event, said the judge, the two prisoners had not launched their action until after the time for registering to vote had expired. | In any event, said the judge, the two prisoners had not launched their action until after the time for registering to vote had expired. |
| To have granted their application would have caused potentially the maximum confusion, disruption and waste of public money already incurred. | To have granted their application would have caused potentially the maximum confusion, disruption and waste of public money already incurred. |
| The judge said that along with their delay in registering extinguished any "smouldering sense of injustice" they might harbour. | The judge said that along with their delay in registering extinguished any "smouldering sense of injustice" they might harbour. |
| The pair are due for release shortly. | The pair are due for release shortly. |
| The Northern Ireland Assembly election takes place on 7 March. | The Northern Ireland Assembly election takes place on 7 March. |