The Minister for Health, Care and Justice has said he ‘notes the recent judgement of the Supreme Court in relation to the release of Isaac Marrache.’

Having originally disagreed with the Parole Board's recommendation that the prisoner should be released on parole, Minister Costa invited the Parole Board to reconsider their advice, which they did, confirming their original advice to release the prisoner. The Minister then decided to refer the matter to the Supreme Court, as he continued to disagree with the Parole Board’s advice.

At that stage, the Minister was not in possession of any relevant documents, apart from an extract of the minutes from the Parole Board nor did he have any of the documents that had been before the Parole Board, nor any submissions made on the prisoner's behalf. Subsequent to the Minister’s application to the Supreme Court for a rehearing of the Parole application, he received, in early January 2017, submissions and numerous documents from those representing Isaac Marrache.

On the basis of this additional information, the Minister authorised the release on parole of Isaac Marrache, subject to a variety of very stringent conditions. The Minister for Justice then withdrew his own application to the Supreme Court.

He then issued a notice of discontinuance, which, according to the law, automatically takes effect upon service, meaning that the Marrache proceedings were at an end and had concluded. As a result, it was unexpected that the Honourable Justice Jack would proceed to give judgment in the Marrache case.

In respect of the judgement made by the Honourable Justice Jack, the Minister for Justice is now considering various legal courses of action.