Jack Straw pardons Liverpool fan Michael Shields

For Immediate Release
 

The Secretary of State for Justice has today pardoned Liverpool FC fan Michael Shields after concluding that he is morally and technically innocent. Michael, who has spent the last four years in jail following an unfair conviction by a Bulgarian court, will now be freed.

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

“Since attending his trial in Bulgaria in 2005 we have known that Michael’s conviction was unsafe. Not only was the police investigation seriously flawed but key evidence was also ignored. We are delighted that justice has finally been done and that Michael is able to return home to his family.”

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 Liverpool man confessed to the crime. Despite the Bulgarian authorities stating publicly that the UK could issue a pardon, Jack Straw initially refused to do so. Late last year the High Court ruled Jack Straw did indeed have the power to pardon Michael. It has taken nearly nine months to reach this decision.

Notes to editors

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.

The identification parade that was organised was poorly conducted; the suspects were not segregated from the victim prior to the parade. Nevertheless, the result was admitted as evidence at trial. There was no forensic evidence tying Michael Shields to the crime; in particular no DNA evidence links 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.

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, Jack Straw needs to establish that the applicant is morally and technically innocent.

On 2 July 2009, Jack Straw provisionally refused Michael Shields’ pardon application.

Since then, Fair Trials International and Michael’s lawyers have written to Jack Straw to outline key exculpatory evidence.

Police Report

As part of his enquires, Jack Straw ordered the Merseyside police to conduct an independent investigation into Michael’s case and report on their findings.

The report found that, should the case have been heard in the UK, an appeal would likely have been granted on the basis of new evidence supporting Michael’s innocence.

Further Reading

Read more about Michael's case
Read about other cases of injustice within Europe click here.