Michael Stone now eligible to apply for parole

Jailed loyalist killer Michael Stone has won his legal battle to overturn a decision that he must remain behind bars until 2024.

The Court of Appeal ruled today that six years he spent out on licence should count towards the 30-year tariff he received for waging a sectarian murder campaign.

It means the Milltown Cemetery bomber is now eligible to apply for parole.

Senior judges also dismissed a separate attempt by the sister of one of Stone's victims to stop the 65-year-old seeking early release for a second time under the terms of the Good Friday peace agreement.Lord Chief Justice Sir Declan Morgan recognised that the "unique and extraordinary" arrangements for Troubles-related prisoners have caused concern to many people in Northern Ireland.But based on statute he said: "They were the outcome of a political process supported by a referendum."They undoubtedly produced a windfall for the prisoners affected. The merits of the provision of that windfall are not for this court to determine."The rulings represent a blow to Deborah McGuinness, who has mounted a series of challenges aimed at ensuring the ex-UDA man remains in jail.Her brother Thomas McErlean was among three mourners murdered in the grenade attack on an IRA funeral at Milltown graveyard, west Belfast in March 1988.

Stone was also the gunman in another three killings.

In 2000 he was freed early, but six years later launched an infamous attempt to murder Sinn Fein leaders Gerry Adams and Martin McGuinness at Stormont.

He entered Parliament Buildings in 2006 armed with explosives, knives and an axe.

Stone denied it had been a bid to kill the politicians, instead claiming it was an act of performance art.

In 2013 he was told that he must serve the rest of the 30-year tariff on his life sentence.

Stone's case was then referred to the Northern Ireland Parole Commissioners on the basis that he had completed that minimum term.

However, Ms McGuinness claimed the Department of Justice had unlawfully included the six years he spent out on licence before the attack on Stormont.

In January 2019 the High Court held that he should not be considered eligible for release until July 2024 at the earliest.

Appealing that determination, Stone's barristers David Scoffield QC and Richard McConkey claimed he was being unfairly punished.

Backing their case, Sir Declan said the earlier decision "effectively rewrote the statute".

He confirmed: "We are satisfied that interpreting the words of the statute in their context leads to the conclusion that the period that the prisoner spent lawfully on licence ought to be included in the relevant part of his sentence specified in the certificate."

The court also dismissed an appeal by Ms McGuinness against a separate ruling that gave Sentence Review Commissioners the right to consider Stone's application to be freed early for a second time.

Her lawyers contended that he had "squandered" his one and only chance at an early release.Under strict conditions within the Northern Ireland (Sentences) Act 1998 life sentence prisoners must no longer be a supporter of a specified organisation or pose a danger if released.

Any unsuccessful inmates can only mount a further application if their circumstances change or new information emerges.

Sir Declan held that the rules and terms of the Act enable a prisoner who has had his licence revoked to seek a further declaration of eligibility for release.

He added: "Whether his application is determined depends upon whether he satisfies the conditions... of the 1998 Rules."