Corey is set to remain behind bars

The Secretary of State Theresa Villiers is challenging a ruling that parole commissioners had breached Corey’s human rights in keeping him behind bars.

The 61-year-old is to remain in jail at least until senior judges deliver their verdict.

Corey had received a life sentence in 1973 for the murders of two RUC men.

He was freed on licence in 1992 but in April 2010 former Secretary of State Shaun Woodward ordered his prison recall on the basis of ‘closed material’.

In July Corey won a judicial review over a subsequent parole commissioners decision keeping him behind bars.

A High Court judge held that their determination on whether it was safe to release him had breached his rights under European law.

He found that the open evidence did not advance the Secretary of State’s case against Corey, meaning that that decision was solely based on closed material.

He also said the commissioners had misdirected themselves in law and failed to provide a sufficient safeguard against the lack of full disclosure.

The commissioners were directed to reconsider the case and Corey was granted unconditional bail.

Pending a full appeal against the judgement, lawyers for the Secretary of State successfully applied for a stay on the bail order.

They argued that the High Court had no jurisdiction to grant bail in judicial review proceedings.

Corey’s legal team are seeking to challenge that determination at the Supreme Court in London.

Meanwhile the appeal against the judicial review ruling was heard by three senior judges.

It was argued that there was enough open material to allow Corey the chance to refute the allegations against him.

His barrister, Karen Quinlivan QC, said the open material was insufficient for giving effective instructions to a special advocate at the parole hearing.

Following submissions from both sides the judges pledged to deliver their verdict as soon as possible.