Michael Shields - Courts rule government can overturn decision

Jailed Liverpool fan Michael Shields is set to learn whether Jack Straw has the power to release him from prison.

The 22-year-old is serving a 10-year sentence for the attempted murder of a barman in Bulgaria in 2005, but has always maintained his innocence.

High Court judges are to rule whether the Justice Secretary can "grant a pardon to repatriated prisoners wrongly convicted in a foreign jurisdiction".

Mr Straw has insisted he does not have the power to free Shields.

However, Bulgarian authorities say a decision on the Liverpool fan's future rests with the UK government.

Shields's lawyers applied for a judicial review of Mr Straw's position and judges reserved their judgement at a hearing in London on 4 December.

'Miscarriage of justice'

If the ruling goes in favour of Shields, the Justice Secretary will be asked to make a decision one way or the other.

The court heard that the power to pardon is used when a person is deemed to be "morally and technically innocent".

In court, Mr Straw's legal team warned that if a pardon were granted the move would be seen as criticism of the foreign court that had found Shields guilty.

Shields was convicted after a paving slab was dropped on barman Martin Georgiev's head in Varna, Bulgaria, following Liverpool's Champions League final victory in Istanbul in May 2005.

He is currently serving the remainder of his sentence, which was cut to 10 years on appeal in Bulgaria, at HMP Haverigg in Cumbria.

Shields has always maintained his innocence, and Fair Trials Abroad described his conviction as a "blatant miscarriage of justice".

Another fan - not an associate of Shields - signed a statement admitting he was the man responsible, but later retracted it.

The court's judgement is expected to be delivered on Wednesday afternoon.

So nervous for the lad! I can't even begin to imagine what he's feeling like at the moment.

BREAKING NEWS2:39pm UK, Wednesday December 17, 2008
Jailed Liverpool fan Michael Shields has won an important legal in his attempt to gain a free pardon.


Michael Shields: Campaign for freedom has won high-profile supporters
At the High Court in London, two senior judges ruled that he can be pardoned by Justice Secretary Jack Straw.
But they said it was for Mr Straw, and not the courts, to decide whether or not to exercise that power.
Shields, 22, is serving a 10-year sentence for the attempted murder of a barman in Bulgaria in 2005.
Mr Straw said he will not appeal against the ruling, although that does not give Shields an automatic right to his freedom.
In a statement, Mr Straw said: "I will examine the case... and can assure Michael Shields and his family that I will reach a decision on whether to recommend granting a pardon as swiftly as is possible.
"While recognising the frustration of Michael Shields' family and his campaign team, I am also duty bound to work within the law.
"I am also considering the wider consequences of this judgment on other cases including its implications for British prisoners abroad."
A big campaign to free Michael Shields on the basis that he is innocent has been backed by MPs, clergymen, Liverpool FC players and many others.
The Liverpool fan has always vehemently maintained his innocence, and Fair Trials Abroad described his conviction - based solely on identification evidence with no supporting testimony - as a blatant miscarriage of justice.
Another fan, Graham Sankey, had signed a confession - later retracted - that he was the man responsible, but the Bulgarian Supreme Judicial Council said the new evidence did not prove anything and merely introduced doubt.
The barman was attacked a few nights after Liverpool's European Cup Final victory in Istanbul, Turkey.
Shields was initially jailed for 15 years in Bulgaria, but was transferred to the UK in 2006.
He is serving the remainder of his sentence, which was cut to 10 years on appeal in Bulgaria, at Haverigg jail, Cumbria.
________________________ ________

Get it F***ing done!

Jailed fan 'can get free pardon'

Jailed Liverpool fan Michael Shields has won an important battle at the High Court in London in his bid for a free pardon.

The 22-year-old is serving a 10-year sentence for the attempted murder of a barman in Bulgaria in 2005, but has always maintained his innocence.

High Court judges have ruled Justice Secretary Jack Straw has the power to issue a pardon to Shields.

Mr Straw previously insisted he does not have the power to free him.

The two senior judges also ruled that it was for Mr Straw alone - and not the courts -to decide how to exercise that power.

The judges said the Bulgarian judicial process was over, but there was fresh evidence which had not been considered by the Bulgarian courts.

In court the judges said: "It is, in our judgment, open to the Secretary of State to entertain a request to exercise the royal prerogative. It is not for this court to say whether or how it might be exercised."

Mr Straw said he would appoint senior counsel to advise him on whether to pardon Shields or not, in light of the High Court decision.

The Justice Secretary said the case had to be looked at very closely, along with the implication it could have on cases of other British prisoners abroad.

Shields is currently serving the remainder of his sentence at Thorn Cross Young Offenders' Institute in Appleton Thorn in Warrington, Cheshire.

Liverpool Labour Euro MP Arlene McCarthy, commenting on today's High Court ruling, said: "The High Court ruling frees the way for Michael's release. It's a brilliant result for Michael and his family and we are now finally seeing the end to a three-year battle to get justice for Michael."

Following the decision, his father, Michael Shields Senior, said: "It's just heart-breaking for us.

"We just want to get him home and put put everything behind us and get on with our lives. It's been so hard for us.

"I hope and pray Mr Straw can do the right thing."


http://news.bbc.co.uk/1/hi/england/merseyside/7788070.stm

Jack Straw has just issued another statement. Said he doesn't think he'll be home for Christmas.

I entirely agree that we as a nation have the right to decide who is locked up in our prisons.

I hope the authorities now take the correct judgement and end this unwarranted torture for the lad and his family.

"Michael Shields is innocent" says High Court.
by Chris Johnson
Published Wed 17 Dec 2008 16:06


Soccer fan Michael Sheilds is waiting to hear the word that he is to be freed from jail with a royal pardon.

Two High Court Judges ruled that Justice Secretary Jack Straw was wrong to decide that he was powerless to grant a pardon because the conviction happened overseas.

In their decisions the judges said Michael qualifies for a pardon since in British law he is "morally and technically innocent".

It is widely accepted that Liverpool supporter Michael, 22, was a victim of mistaken identity and wrongly convicted of the attempted murder of a barman in Bulgaria.

But he was kept locked-up because of tangle of international red tape and politics.

Campaigners for his freedom say that even Mr Straw privately agreed with them that Michael was wrongly jailed in 2005.

After the High Court ruling his parents Mike and Marie Shields challenged Mr Straw to keep his word and release their son in time for Christmas.

Marie said: "I've spoken Michael and he is completely delighted that the judges have backed him. At last he has a got a shred of real justice.

"This is the first time his case has been before a British court and the first time we can start thinking about the future.

"Michael is completley innocent and the last three-and-a-half years have been a terrible ordeal for him.

"It's taken its toll on him and on our family and now we just want Jack Straw to do the right thing and let him out of jail as soon as possible.

"Christmas has never been the same for us with Mike in jail and my biggest wish that he should be should back home with us to have Christmas dinner this year."

She added that once he is free the campaign will continue to have his name completely cleared of any blame.

Michael is held at Appleton Thorn Prison in Cheshire, serving a 10-year sentence for the attempted murder of Martin Gregoriev in the resort of Varna days after the European Cup Final in 2005.

He has always insisted he was asleep in his hotel at the time of the assault and another Liverpool man later confessed that he was guilty of the attack.

Michael solicitor, John Weate said:"We trusted the High Court to make a judgement and they made the right decision.

"We are now urging Mr.Straw to do the same and free Michael. We also be providing Michael with further representation throughout the pardon procedure."

Michael's father, window cleaner Mike Sheilds said: "We are thrilled at this decision.

"Jack Straw knows Michael is innocent and he should not spend a single day longer behind bars.

"We are disappointed with the way the British government has dealt with Michael's case.

"They know he is innocent and they should have done the right thing long ago without getting bogged-down in legal red tape.

"I'd like to ask Jack Straw, if it was his son how quickly would he move. I know the answer and so does he.

"We are waiting for a phone call now that will tell us when we can go to the prison to collect Mike and bring him back home where he belongs in time for Christmas.

"He has lost three years of his life and every minute longer that he spends behind bars now is a minute too long."

In their ruling Lord Justice May and Mr Justice Maddison Judges said that taking all the evidence into consideration that Michael Shields is "morally and technically innocent".

They said: "We uphold the claim for judicial review of the Secretary of State's decision on 17th July 2008 that he does not have the power of jurisdiction to consider the grant of a pardon.

"We declare that he does have such power and jurisdiction."

Minutes after the ruling was issued the Ministry of Justice said they would not be appealing against the decision.

http://www.clickliverpool.com/news/local-news/121994-michael-shields-morally-and-technically-innocent-says-high-court.html

it's looking good for the lad. come on mr straw, give the shields family the best christmas present they could wish for,  let michael go home.

Made up hearing this news, the whole situation is a travesty of justice, its clear as day Shields is innocent. I only hope Jack Straw does the right thing now and releases him instead of worrying about political relations

I don't trust politicians. And Jack Straw is under immense pressure now.

But if he has any decent bones in his body, hopefully Michael will be back with his family soon and they can try to rebuild their lives.

Do the right thing Jack.

Bloody delighted with this news. Finally an innocent man will be home reunited with his family!

I don't trust politicians. And Jack Straw is under immense pressure now.

But if he has any decent bones in his body, hopefully Michael will be back with his family soon and they can try to rebuild their lives.

Do the right thing Jack.

             If Jack Straw has got a decent bone in his body he will get the paperwork signed pronto and make sure the lad is home with his family  for christmas and furthermore back at Anfield among mates who do care.

Jack Straw has just issued another statement. Said he doesn't think he'll be home for Christmas.

What a mean spirited tw*t
If the kid is innocent of the crime then he should be realised this morning, full f***in stop!
Do you think for one moment if it was the other way around and he was Bulgarian and finishing off a sentence over there, he'd have been out two weeks after being repatriated         
Get it f***in sorted STRAW.......... remember procrastination is the thief of time!!!

I only hope the reason for the delay is legitimate.

Unless he gets it right I'd imagine the world and his wife will be handing cases to Jack Straw telling him to release this or that fella.  And I'd imagine there is an issue about people we want to stay locked up in other countries?

Either way - he should have been prepared for the courts decision so he could act swiftly.

I won't believe all this until he's out.

Come on mr.Straw
 you say you have to stand by the law
  Now 2 high court judges said Shields is "morally and technically innocent
   Now stand by your law and FREE the lad
 give him and his family a good xmas
   He suffered to much already ,for a crime he did not commit( Your high court says this)
     Just FREE micheal

Read this the other day, fantastic news but hopefully all this hype is not overshadowed by a poor high court ruling. Come on Mr Straw, have some empathy and do what is right.

iIf they can release the lad it would be the best thing they have done since coming to power