Luke Atkinson and Michael Binnington - Cyprus

February 08

February’s spotlight features the case of Luke Atkinson (as seen on the photo) and Michael Binnington, two young men from Essex facing up to 15 years in a Cypriot jail for manslaughter and GBH after being backseat passengers in a car that collided with a moped, killing the driver and seriously wounding its passenger.

Luke and Michael were prosecuted on the basis of circumstantial evidence alone and were acquitted of all charges after trial, but were held to be guilty on appeal with no retrial. They will be sentenced on 13 March 2008.

Background

Cousins Luke and Michael went on a family holiday in August 2006 with 14 other family members, ranging in age from 9 to 50 years old. On the first night, 8 of the group went out to a nightclub. The court heard that a man there started touching a girl in the group so one of the boys asked him to leave her alone. A fight broke out, bouncers intervened and both parties were thrown out. One of the boys had sustained a head injury so he went to a nearby clinic for stitches. Some local boys in mopeds followed them with coshes and alluded to having a knife.

Luke and Michael’s uncle Julian Harrington, who had been asleep, was called and drove to the scene in his hire car. He first went to the club and picked up Michael and Luke before heading to the clinic. At some point thereafter, Julian encountered 2 boys on a moped driving towards his car, the wrong way up a one-way street. Neither of the boys was wearing a helmet. The car clipped the moped, resulting in the driver flying off and hitting his head against a pole. He later died from his injuries. The passenger was seriously injured.

Luke, Michael and Julian were charged with manslaughter and murder on the basis that Julian had deliberately driven into the moped 3 times and that Luke and Michael had jointly decided with him to do so.

Julian was advised by his lawyer that if he pleaded guilty, Luke and Michael would be released without charge and that he would receive a sentence of around 6 years imprisonment. On this basis, Julian decided to plead guilty.

Despite this, Michael and Luke still had to stand trial. They were eventually acquitted but Julian received a sentence of 15 years’ imprisonment which was upheld on appeal; a sentence manifestly longer than those meted out to Cypriot nationals for similar offences.

During the trial, the victims’ families were allowed to shout at Luke, Michael and Julian, openly threaten them and damage property in the court including smashing glass panes, without reproach or charge.

The prosecution appealed against the acquittals. No new or additional evidence was presented by the prosecution; the appeal was heard on the same evidence that was available at trial. On 29 January 2008, the Supreme Court held that the trial court had not given proper weight to the evidence and declared Luke and Michael to be guilty of manslaughter and GBH.. No retrial was ordered.

Luke and Michael are to be sentenced on 13 March 2008 and face up to 15 years in prison. They do not have to attend this hearing, however must return to Cyprus to serve any prison sentence. Failure to do so could result in Cyprus issuing a European Arrest Warrant and having them extradited.

While it is important to acknowledge the grief and trauma suffered by victims' families, courts should be able to look beyond the emotions involved and ensure a fair process. We are concerned this did not happen in this case.

OUR CONCERNS

• Luke and Michael were found guilty solely on the basis of circumstantial evidence.
• The Supreme Court did not order a retrial, although it was open to them to do so.
• This case is more to do with appeasing local antagonism than a proper consideration of its circumstances.
• Cyprus only has a two-tier legal system, so there is no appeal against the Supreme Court decision, nor will there be an appeal against the sentence.