New blow for Essex family - Surprise convictions handed down in Cypriot court

January 29 2008

Justice campaigners Fair Trials International (FTI) today expressed dismay at a Cypriot court’s decision to overturn the acquittal of two British men on the basis of circumstantial evidence alone, leaving them to face up to fifteen years in prison.

Last February a lower court acquitted the men of the charges of manslaughter and grievous bodily harm, arising out of a tragic car accident which took place on the island in August 2006.

Luke Atkinson, 23, and Michael Binnington, 22, of Witham, Essex had been passengers in a car driven by their uncle Julian Harrington which hit a moped, killing the driver and seriously wounding its passenger.

FTI lawyer assisting the men, Saima Hirji, said:

“It was an affront to justice that these men were ever charged with such serious offences in the first place when they were merely passengers in a car. The Supreme Court’s decision to overturn their acquittal beggars belief; the prosecution evidence was purely circumstantial and there is to be no retrial.”

“What makes this even worse is that there is no right of appeal to a higher court in Cyprus.”

“We fear that the decision of the Supreme Court is more about appeasing local antagonism towards the accused than a proper reflection of the circumstances of the case. There is also a deeply concerning culture in Cyprus of ‘blame the foreigner’.”

Luke and Michael are to be sentenced on 13 March 2008. They do not have to attend this hearing but if sentenced to a term of imprisonment, will have to return to Cyprus to serve it. Failure to do so could result in extradition. A transfer application could be made at a later stage for them to serve the remainder of any sentence in the UK.

“Julian Harrington pleaded guilty to the same offences in the hope that it would assist in the acquittal of his nephews. He received a sentence of 15 years imprisonment, which the Supreme Court refused to reduce on appeal. This latest verdict is yet another blow for him and his family,“ concluded Ms Hirji.

For comment, contact Saima Hirji on 07956 222279 or 020 7762 6400