Category Archives: United Kingdom

Wednesday’s Quick Clicks…

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Monday’s Quick Clicks…

Yet more woeful compensation news from the UK

In the past week, there have been two painful reminders that it is now almost impossible for people who have suffered a miscarriage of justice in the UK to obtain compensation. In two separate cases, in England and in Northern Ireland, men who have served years in prison before having their convictions overturned have been refused compensation by the State. These men have now had these decisions confirmed by the high courts.

In Northern Ireland Gerard Magee lost an appeal against being denied compensation. Convicted of involvement with an IRA bombing in 1988 and sentenced to 20 years, the European Court of Human Rights ruled in 2000 that his right to a fair trial had been breached after his admissions to police were made without seeing a solicitor for two days. The Northern Ireland courts subsequently overturned his conviction (he had served 10 years before being released under the Good Friday agreement). The courts have now ruled that because there were no ‘new facts’ in the case, his case does not merit compensation. To add insult to injury, he is now facing paying the legal costs of the Dept of Justice as well as his own. During the ruling Mr Justice Deeny said: “It seems clear to us that the Department of Justice was correct in arriving at the conclusion that there was no new or newly discovered fact… The Department was therefore entitled to refuse the application for compensation without going on to consider whether, in any event, there could be said to be a miscarriage of justice where the defendant had subsequently admitted to the truth of the statements which he had made admitting the offences.” Read more here…. Man wrongly jailed for IRA bombing loses appeal over compensation

Meanwhile, in England and Wales, Victor Nealon and Sam Hallam (read more about their cases here…. and here….  and in various earlier posts regarding UK compensation on these blog pages)  have lost their appeal against the Ministry of Justice decision to not award them compensation for the years they spent behind bars for crimes they did not commit. After the passing of an Act in 2014, exonerees in the UK now essentially have to prove their complete innocence in order to be compensated. Simply having their conviction ruled ‘unsafe’ and overturned by the appeal courts is insufficient. For an insight into the case and the shocking state of the law in this area, read a post on the appeal and the law on compensation by Victor Nealon’s solicitor Mark Newby here… ‘Without recompense for the wrongfully convicted, the integrity of our justice system is in question’

One can only hope that their fight will now continue to the Supreme Court, who may be persuaded that the laws governing compensation for miscarriages of justice in the UK not only breaches our human rights obligations, but brings shame upon our justice system internationally.

 

Tuesday’s Quick Clicks…

Wednesday’s Quick Clicks…

UK Forensic Science in crisis?

UnknownComing amidst growing concerns and warnings from scientists about the state of  forensic science in the UK, is the announcement that Dr Gill Tully – the UK’s Forensic Regulator, has ordered a review of a series of sexual assault cases: “to find out whether there are occasional examples of poor practice or whether there are more systematic issues.” The review was prompted by cases where “the scientific opportunities don’t appear to have been maximised”. These included examples where scientific analysis was not carried out at all. Read more here: Forensic review of sexual assault cases ordered after poor practice concerns

Many forensic scientists are now speaking out about the severe budget cuts which have led to a near decimation of the UK ‘market’ in forensic services. Police are spending a fraction of what they used to on forensic science during investigations. Tiernan Coyle – a fibre specialist who has worked on many cold cases and wrongful convictions over the years, has warned of the dire state of forensic science in the UK: Forensics in crisis: Why are vital skills being allowed to die out?  Coyle has now been forced to close his specialist fibre analysis company… Contact Traces leaves the forensic market.

Prof Peter Gill, one of the worlds leading DNA specialists – who left the UK some years ago because of the dire state of forensic science, and is now warning about the inevitability of miscarriages of justice: “With the Birmingham Six and Judith Ward [the M62 bomber whose conviction was quashed], there was very poor reporting by forensic science,” he said. “The problem is we’re in danger of revisiting that era.”

Just how long before there is a miscarriage of justice – or a wrongful conviction that depends upon a crucial bit of forensic evidence that can no longer be analysed?

Friday’s Quick Clicks…

Court refuses to award compensation to Phil Webster, UK man wrongfully convicted of rape…

Mark Webster’s 2012 conviction for abduction has been overturned by a Virginia court due to new witness statements…

Darren Corbridge and John Naylor, two UK men wrongfully convicted of attacking police officers, will receive five figure sum  in compensation settlement …

UK’s restrictive compensation scheme for exonerees upheld by High Court

In a long running issue over exoneree compensation in the UK – or the lack of it – that I have blogged on previously (here…,here… and here)  Sam Hallam and Victor Nealon, who spent 24 years in prison between them, have now lost their argument that UK law wrongly restricts compensation in miscarriage of justice cases. Hallam and Nealon’s solicitors had judicially reviewed the government decision to not compensate them for the years they spent imprisoned when innocent.untitled

The Secretary of State for Justice denied Nealon compensation for his years in jail, on the grounds that the Court of Appeal’s verdict  – which said that  “the fresh evidence has not ‘demolished’ the prosecution case” – meant that he was not a victim of a miscarriage of justice. In Hallam’s case – his appeal judgement partially laid the blame for his wrongful conviction at his door as the phone evidence that exonerated him 7 years after his conviction had been in his possession.

On Monday, Nealon and Hallam lost their bid to persuade British judges to accept that denying compensation broke the European Convention on Human Rights. The case is the first legal challenge to be heard to the decision to narrow eligibility grounds for compensation, which effectively requires people to prove that they did not commit the crime.

Wrongfully jailed men lose high court actions in battle for compensation

Irish man fails in compensation bid against British government

Victor Nealon falsely imprisoned for 17 years denied compensation

 

Tuesday’s Quick Clicks…

Thursday’s Quick Clicks…

Irish Innocence Project Confirms Pardon

From the Irish Times:

Almost 75 years after Harry Gleeson was hanged for murder, Minister Frances Fitzgerald has officially announced the Government’s decision to grant a posthumous pardon.

The Government has determined the conviction was unsafe and will advise the President to exercise his right of pardon under Article 13.6 of the Constitution.

In February 1941, Mr Gleeson was convicted of murdering mother of seven Mary McCarthy, who died of gunshot wounds to the face.

He had found her body lying in a field on his uncle’s farm in New Inn, Co Tipperary the year before.

He was sentenced to death and was executed in Mountjoy Prison in April 1941.

The Attorney General directed an independent review of the case after a submission from the Irish Innocence Project and the Justice for Harry Gleeson Group.

Barrister Shane Murphy SC, who reviewed the case, concluded there were deficiencies in the conviction rendering it unsafe. In his opinion, the conviction was based on unconvincing circumstantial evidence.

“The Government deeply regrets that a man was convicted and executed in circumstances now found to be unsafe. All that can be done now by way of remedy is to clear his name of the conviction, which this pardon will do, in the hope that this will be a proper tribute to his memory,” said a statement from the Department of Justice.

“Equally the Government regrets that this decision leaves unresolved the brutal murder of Ms Mary McCarthy, whose children were deprived of their mother in terrible circumstances.”

The Government expressed sympathy with both families.

“They’ve waited a long time,” said David Langwallner, director of the Irish Innocence Project, an organisation that provides free legal services to people wrongfully convicted of crimes.

The project submitted its case for a posthumous pardon, which included new evidence, to the Department of Justice in 2013.

Langwallner said the pardon is conclusive acknowledgement that, not only was the evidence insufficient, but that Mr Gleeson was innocent.

Grand-nephew Kevin Gleeson said it was an emotional day for his family.

“It’s great to see that, once and for all, the good name of Harry Gleeson has finally been restored. His innocence is no longer an issue and can never be questioned again.

“It’s been a burden and a shadow over our family for the last 74 years. The announcement today goes somewhat to remove that burden and shadow off us.”

Bernadette Gorman, whose father Billy lived and worked with Mr Gleeson, said of the trial: “[My father] was a crucial witness, and he was silenced … He never really got over it.”

Tuesday’s Quick Clicks…

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Breaking News: Irish Innocence Project Exonerates Executed Man…

From RTE:

A man who was hanged for murder over 70 years ago is due to be pardoned.

Harry Gleeson was executed for the murder of Moll Mc Carthy who was shot dead in Tipperary in November 1940.

Minister for Justice Frances Fitzgerald is due to bring a memo to Cabinet in the next few weeks recommending the President pardon Mr Gleeson.

The Department of Justice reviewed the case following a submission last year from the Irish Innocence Project, based at Griffith College in Dublin.

RTÉ News understands that the review, conducted by Senior Counsel Shane Murphy concluded accepted new evidence which merited a pardon being granted to Harry Gleeson.

A neighbour of Ms Mc Carthy, an unmarried mother of seven, Harry Gleeson reported the discovery of her body.

Three months later he was hanged for her murder.

Ireland: Inaugural International Wrongful Conviction Conference & Film Festival

The Irish Innocence Project, working since 2009 at Griffith College, has announced Ireland’s Inaugural International Wrongful Conviction Conference and Film Festival – to newlogo2be held 26th and 27th June 2015. They have also launched a crowd funding appeal: “Be the Key: Set an Innocent Free”, to help the college students to work on overturning wrongful convictions in Ireland.

300914 Wrongful Conviction CR Shutterstock_0_0

See more details of the  conference and film festival – with great speakers, and the crowd funding appeal here:

Inaugural International Wrongful Conviction Conference & Film Festival

Great day in UK for Innocence: Cardiff University Justice Project Overturns Wrongful Conviction

The news coming from the UK in recent months, if not years, has rarely been good. Today (9th December 2014) is different, for today, the Criminal Court of Appeal found the conviction of Dwaine George ‘unsafe’ and overturned his  _79607026_ico12-1conviction for murder. George, convicted of shooting dead a teenager in a gang related incident in 2001, served 12 years of his life sentence behind bars, and was released last year.

Professor Julie Price and Dr Dennis Eady, who run Cardiff’s Innocence Project, were joined at the Royal Courts of Justice by 30 Cardiff law students, past and present, to hear the result of the students’ investigative work. Dr Eady said: “It has taken nine years of hard work since the project was launched to get to this point, and based on our students’ efforts the Court of Appeal has decided that Mr George’s conviction is unsafe.We appreciate that today’s decision will be difficult for Daniel Dale’s family, but if the wrong person was jailed then the right outcome has today been achieved.”

Prof Price added: “For Cardiff Law School Innocence Project, and other university projects working on alleged wrongful conviction cases, this is a significant day. It demonstrates that universities are about more than research, and can show public impact from innovative teaching and learning. This result has been achieved by collaborative effort. A huge thanks to our many supporters and students past and present.”

Sir Brian Levenson said in his ruling: “In addition to expressing our gratitude to the Criminal Cases Review Commission, we pay tribute to the work of the Innocence Project and Pro Bono Unit at Cardiff Law School, which took up the appellant’s case and pursued it so diligently.”

With the recent turmoil amongst those working in universities across the UK and their Innocence Projects (mostly called Justice Projects today because they do not satisfy the criteria for the title ‘Innocence Project’) this is a great victory. Many staff work tirelessly for little or no recognition, with students facing ever greater hurdles to have their work and dedication praised. Cardiff University;s staff and students will continue to work tirelessly and have many other cases that are working their way, slowly, through the CCRC. One can only hope that this is the first success of many. But today is a also shot in the arm for all of those working on behalf of the innocent – sorely needed, and richly deserved.

Watch news item and interviews here:

Cardiff Uni students help Dwaine George win murder appeal

Read more here:

UK judge praises students for helping overturn murder conviction

Judge praises Cardiff University law students for helping overturn Dwaine George’s murder conviction

Ex-gang member Dwaine George cleared of 2002 murder on appeal

Parliamentary Inquiry into UK’s Criminal Cases Review Commission (CCRC)

On the twenty-fifth anniversary of the release of the Guildford Four, (one of the notorious ‘Irish’ miscarriages of justice in England and Wales that led to the creation of the Criminal Cases Review Commission – see anniversary article here… ), controversy still surrounds the organisation. This week it was revealed that the body is ‘fast-tracking’ the case of professional footballer Ched Evans, released this week after serving half of a five year sentence for rape. Ched, who played for UnknownSheffield United football club, has always maintained his innocence and has applied to the CCRC to investigate his case. The CCRC’s explanations for the decision to fast-track his case have been unconvincing (read more here…). This negative publicity comes at a critical time for the CCRC, as a Parliamentary inquiry into the operation and effectiveness of the miscarriages body is launched by the Justice Committee. The Committee is inviting submissions from interested parties, in order to answer the following four questions:

  1. Whether the CCRC has fulfilled the expectations and remit which accompanied it at its establishment following the 1993 report of the Royal Commission on Criminal Justice
  2. Whether the CCRC has in general appropriate and sufficient (i) statutory powers and (ii) resources to carry out its functions effectively, both in terms of investigating cases and in the wider role of promoting confidence in the criminal justice system
  3. Whether the “real possibility” test for reference of a case to the Court of Appeal under section 13(1) of the Criminal Appeal Act 1995 is appropriate and has been applied appropriately by the CCRC
  4. Whether any changes to the role, work and remit of the CCRC are needed and, if so, what those changes should be.

The deadline for submissions is 5th December. You can read more here….