Jailed pair appeal vote verdict

Northern Ireland goes to the polls on 7 March

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 decision is now being contested in the Court of Appeal.

'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".

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 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.

'Mischief'

"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.

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 pair are due for release shortly.

The Northern Ireland Assembly election takes place on 7 March.