Michael Shields JR decision
17/12/2008
The High Court (Lord Justice May, President of the Queen’s Bench Division, and Mr Justice Maddison) has today determined that Jack Straw, Secretary of State for Justice, has jurisdiction to grant a pardon in the case of Michael Shields. The judgment is clear and unequivocal and rejects the arguments of the Secretary of State that he cannot pardon because of the Convention on the Transfer of Sentenced Persons 1983.
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02/07/09 UPDATE: Pardon appeal for Shields refused
Justice Secretary Jack Straw has written to Michael Shields today stating that his appeal for a pardon has provisionally been refused. Straw has given Shields' legal team 28 days to make further represenations after which a final decision will be made.
> 2/7/09 - Pardon appeal for Shields refused (BBC News)
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Shields, R (on the application of) v Secretary of State for Justice [2008] EWHC 3102 (Admin) (17 December 2008);The Times January 14, 2009.
> judgment
> Power to pardon prisoner sentenced abroad - The Times Law Report (14/01/09)
John Weate of RMNJ solicitors has released the following statement on behalf of Michael Shields and his family :
"We hope that Mr Straw will accept the judgment and exercise his power to pardon Michael and bring this unhappy case to a conclusion. We note that Mr Straw has been personally concerned in this case from the time Michael was arrested, and has indicated that he has spent more time on this case than on any other since taking office. Mr Straw and his junior Minister have both met with the Bulgarian Justice Minister about the case, David Milliband, Foreign Secretary, has written to his counterpart, and the Ambassador to Sofia has been sent in to Bulgarian authorities to register the UK government’s concern. We hope that this unprecedented official concern over the conviction will now be turned into action.
The Michael Shields case is perhaps the most shocking miscarriage of justice of recent times. The Bishop of Liverpool has recently described Michael’s continued detention as a “travesty of justice”; we can offer no better description. Michael has enjoyed the active support of Louise Ellman MP, Arlene McCarthy MEP, Councillor Joe Anderson (leader of the Liverpool City Council Labour Group). Sir Robert Atkin MEP, and a wide variety of celebrities, including the Liverpool FC team (who recently wore “Free Michael Now” shirts prior to the Premiership game against West Ham) and the actress Sue Johnson, have also demonstrated their support. Michael’s mum was recently received sympathetically by the Prime Minister’s wife at 10 Downing Street, and over 17,000 people have signed the online petition seeking Michael’s freedom; the largest petition of its kind.
Mr Shields, aged 18 and of good character, was convicted of the attempted murder of a barman in Bulgaria in 2005. The evidence was solely uncorroborated identification evidence which the High Court described in the following terms;
“He was convicted on the basis of identification evidence, whose quality would have been carefully scrutinised in this jurisdiction.”
This case is not only shocking because Mr Shields has been wrongly imprisoned for over three and a half years, but because the real assailant has gone free. This was a vicious and unprovoked attack which left its victim with serious head injuries from which he may never fully recover.
There was no scientific evidence implicating Mr Shields; no fingerprints, no DNA, no CCTV, no recognition id, and no admissions. Since repatriation to serve the balance of his sentence in England, Michael has undergone polygraph testing with the agreement of the Secretary of State. The tests not only indicated that Michael was not involved in the assault, but also that he was not at the scene of the incident, thereby supporting his alibi.
At about the same time as the conviction another Liverpool man, G, admitted the crime in a signed confession to his own solicitor. This confession is supported by other evidence. The man was arrested at the time by Bulgarian police and admitted presence at the scene with the other two men properly convicted of their part in the incident, Bradley Thompson and Anthony Wilson. G was arrested in the same hotel room as one of these men 2 ½ hours after the attack. The hotel doormen assert that G came back to the hotel shortly after the time of the incident drunk and aggressive, with a broken key card, and the two men properly convicted have since confirmed that G was the man responsible for the attack. In recent times G has been convicted of a racially aggravated incident with a Liverpool bar man which had similarities to the Bulgarian assault.
Although the Bulgarian authorities have failed to correct this miscarriage they have at least recognised there are doubts over the conviction, and acknowledged that the UK can issue a pardon. In May 2008 Tsoni Tsonev, member of the ‘Supreme Judicial Council’, indicated to the European Parliament that the fresh evidence provided by Michael’s lawyers did not prove his innocence but did raise doubts. In letters to the BBC and to Arlene McCarthy MEP they have suggested that the UK can pardon Mr Shields pursuant to Article 12 of the 1983 Convention.
We trust that the High Court judgment will cause the Secretary of State to urgently revisit this case and pardon Michael. We are today sending Mr Straw further representations about the pardon. In view of his close attention to the case we hope that he can make a decision to allow Michael to be free by Christmas. Our system of justice is brought into disrepute if a man known to be innocent remains in prison. The High Court has determined that Jack Straw holds the key, and he should now release Michael."
Michael was represented in the High Court and otherwise by Pete Weatherby and Laura Cawsey of Garden Court North Chambers, Manchester, and by John Weate, RMNJ solicitors , Birkenhead.
Background
> 4/12/08 Michael Shields High Court bid for freedom
Media coverage
> 2/7/09 - Pardon appeal for Shields refused (BBC News)
> 26/6/09 - Pardon decision imminent on jailed Liverpool fan Shields (The Guardian, part of the "Justice on Trial" series)
> 15/1/09 - John Weate : Lawyer in the News (The Law Gazette)
> 14/1/09 - Following the BBC Inside Out feature on Michael Shields broadcast in 2008 , BBC's Inside Out programme (broadcast at 7.30pm on BBC1 on 14th January 2009) gave an update on the progress of this case. more
> 18/12/08 - Jack Straw given approval to pardon jailed fan Michael Shields (The Times)
> 17/12/08 - Shields wins pardon judgment (BBC News - WATCH ONLINE)
> 17/12/08 - Fan wins legal battle in pardon bid (The Independent)
