A Northern Ireland High Court judge has quashed a decision to deny a man jailed for a will-forging plot temporary release to attend his daughter's wedding.
Mr Justice Seamus Treacy ordered prison bosses to reconsider Francis Tiernan’s (54) request to attend the ceremony on Easter Monday.
The judge held that Tiernan’s medical condition and offers from two solicitors and two priests to act as sureties were not properly assessed.
The judge said: “It will be a matter for the governor to retake the decision and he will have to do it with extreme urgency.”
In October last year, Tiernan, formerly of Carrickasticken Road in Forkhill, Co Armagh, received a three-year jail sentence for his part in a fraud described as being like a Hollywood script, in which Tiernan had tried to use a forged version of his godmother's will to inherit most of a £1 million (about €1.4 million) estate.
In December 2004, Catherine “Kitty” Haughey was found dead in the flat above her Forkhill pub. Her will had been changed two weeks before she died.
Under the original terms, Tiernan was bequeathed £1,000 (about €1,400), but in the forged version he was to receive Ms Haughey’s home, pub and cash from her bank accounts.
Tiernan originally denied any involvement in forging the fake will, but following extradition from the Republic he pleaded guilty to two charges of conspiring to use a false instrument.
A GP and a surveyor who admitted drafting and witnessing the fake document were both given suspended sentences.
Prison’s decision
During Tiernan’s bid to judicially review the prison service’s decision to refuse his request, it was claimed that allowing temporary release to attend a wedding could set a precedent. However, Tiernan’s barrister argued that there were unique circumstances in this case because of his serious ill health.
Mr Justice Treacy acknowledged the family's concern that if they were forced to delay the wedding Tiernan's future attendance could not be guaranteed. The family also switched the ceremony from the Republic to a location in Northern Ireland to help ease prison authorities' concerns, the court heard.
Quashing the decision, the judge held that the governor failed to attach any weight to the offer by lawyers and clergymen to act as sureties. He also took issue with the prison having classed Tiernan’s medical condition as a “neutral” point in its assessment.
The judge said: “There’s absolutely no reason why the [new] decision can’t be dealt with before the close of business tomorrow.”