Jack Straw refuses to pardon Liverpool fan Michael Shields

July 02 2009

For Immediate Release
 

Secretary of State for Justice has today made a provisional decision that he will refuse Liverpool FC fan Michael Shield’s pardon application. Michael, who has already spent four years in jail following an unfair conviction by a Bulgarian court, will now be forced to serve yet more time behind bars.

Jago Russell, Chief Executive of Fair Trials International, said:

"Jack Straw’s decision has condemned an innocent young man to serve yet more time in jail for another’s crime. We urge the Justice Minister to rethink this initial decision and to shed light on the reason for it by publishing the recent report by the Merseyside police.”

Fair Trials International has campaigned for Michael Shields’ release since his arrest in 2005. Michael’s trial in Bulgaria was fundamentally flawed and, following his arrest, another man confessed to the crime. Given the strong evidence of Michael’s innocence, it is a huge disappointment that Jack Straw has refused to use his power to correct this miscarriage of justice. Fair Trials International will be making representations to Jack Straw to encourage him to revise his provisional decision.

In connection with his pardon decision, Jack Straw asked the Merseyside police to investigate the case. A report of their investigation has been provided to the Ministry of Justice but, despite a request from Michael’s lawyers, it has not yet been published.

Please contact Ryan Flynn on 020 7762 6400 or 0788 546 6206

Notes to editors

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Bulgarian proceedings
• Michael Shields, a football fan from Liverpool, travelled to Turkey to watch the Champions League Final in May 2005. He travelled on a coach package including a stopover in Bulgaria on the way back.
• On 30 May 2005 at 5am, a local man was attacked in Varna in an incident involving English football fans, and suffered serious injuries. Police arrested several British nationals, including Michael Shields.
• An identification parade was organised, which was poorly conducted as suspects were not segregated from the victim before the parade, but was nevertheless admitted as evidence at trial. There was no forensic evidence to involve Michael Shields; in particular, there was no DNA evidence to link Michael Shields to the large rock that had been used in the attack. Eyewitness statements were conflicting.
• After a 3 day trial, Michael Shields was found guilty and sentenced to 15 years imprisonment for attempted murder.
• One of the co-defendants was released without trial but, after returning to England, signed a confession, admitting that he had injured the victim.
• The signed confession was presented to the Bulgarian Appeal Court but was rejected and Michael Shields’s conviction was allowed to stand. His sentence was reduced to 10 years imprisonment.
• Michael applied for a pardon in Bulgaria but the Bulgarian authorities refused and said that he should apply for a pardon in England after his transfer.
• The most senior lawyer in Bulgaria (Mr Tsoni from the Supreme Judicial Council) conceded before the Euro Parliament Petitions’ Committee in May 2008 that there were doubts about the conviction.

Transfer to the UK
• Michael Shields was transferred to the UK to complete his sentence in late 2006. Prison Transfers are governed by the Council of Europe 1983 Convention on the Transfer of Sentenced Persons.

Pardon application
• After his transfer, Michael Shields sought a pardon from the Secretary of State for Justice, Jack Straw.
• In July 2008, Jack Straw declined to consider Michael Shields’s pardon application and claimed that he had no jurisdiction to do so. He argued that he had no power to review a decision rendered by a foreign court and therefore could not pardon Michael Shields as this would involve a review of the decision of the Bulgarian Courts.
• Michael Shields challenged this decision in the High Court and in a judgment handed down on 17 December 2008, Lord Justice May and Mr Justice Maddison decided that Jack Straw does have the power to grant a pardon.
• To grant a free pardon, the Secretary of State for Justice needs to establish that the applicant is morally and technically innocent.

Police Report
• As part of his enquires, Justice Secretary Jack Straw ordered the Merseyside police to conduct an independent investigation into Michael’s case and report on their findings by May of this year. Requests for this report to be made public have, so far, proved unsuccessful.