Derry man in stop and search legal bid

Alan Lewis - PhotopressBelfast.co.uk           10-11-2010'Marvin Canning, brother-in-law of Martin McGuinness, leaves Belfast's Laganside Court today after he was cleared on charges of kidnapping a County Westmeath businessman. A judge accepted defence submissions that there had been an abuse of process in relation to the prosecution case against him.                  Paul Higgins Court Copy via M&M News Services
Alan Lewis - PhotopressBelfast.co.uk 10-11-2010'Marvin Canning, brother-in-law of Martin McGuinness, leaves Belfast's Laganside Court today after he was cleared on charges of kidnapping a County Westmeath businessman. A judge accepted defence submissions that there had been an abuse of process in relation to the prosecution case against him. Paul Higgins Court Copy via M&M News Services

A Derry man acquitted of kidnapping and shooting a businessman has received legal permission to challenge powers used to stop and search him.

Marvin Canning is seeking to judicially review legislation which his lawyers claim breach his right to privacy and family life.

He wants a High Court declaration that the stop and search powers under the Justice and Security Northern Ireland Act are incompatible with his European Convention rights.

On Wednesday, a judge granted him leave to apply for a judicial review, with a full hearing listed for next month.

Mr Canning (49), from the Glendara area of Derry, had his trial on charges of kidnapping and shooting a Mullingar businessman halted last November.

At the time, a judge decided it would have been unfair to continue with the prosecution.

His lawyers are now arguing that the legislation allegedly used to detain him does not provide the necessary protection.

Paul Pierce, of Kevin R Winters Solicitors, said: “Mr Canning is challenging the use and abuse of these powers which are not subject to any safeguards.”

“He has been stopped on numerous occasions for no reason he would say, which have resulted in criminal charges being brought against him,” he added.

“Incidents where he has been stopped and searched have continued after his acquittal, up until a couple of weeks ago.”

Mr Pierce said he expected a full hearing in June after the PSNI and the Secretary of State submitted affidavit evidence.