17/06/2010 The Court of Appeal has today (17 June) dismissed the appeal against conviction of Keran Henderson who was convicted of the manslaughter of 11 month-old Maeve Sheppard on13 November 2007. CPS Thames and Chiltern Complex Casework Unit Head, Adrian Roberts, said: 'The charges against Keran Henderson were not brought lightly and we considered a vast array of specialist medical expert evidence to determine the cause of 11 month-old Maeve Sheppard's injuries and subsequent death. 'The CPS and Thames Valley Police have worked closely throughout this case to ensure that the investigation and prosecution were conducted with sensitivity and objectivity. All potential new evidence has been thoroughly examined and now tested either in the original trial or in this appeal. 'We hope that this will now draw a line under this case so that the Sheppard family can finally start to rebuild their lives after the tragic loss of their daughter Maeve.' Thames Valley Police … [Read more...]
Suspended paediatrician Dr David Southall has won an appeal against the General Medical Council
Suspended paediatrician Dr David Southall has won an appeal against the General Medical Council in his first step towards restoring his career. Three Court of Appeal judges ruled that the GMC's fitness to practice panel should give more detailed reasons for finding him guilty of serious professional misconduct in 2007. Dr Southall remains struck off the medical register for child protection work following the GMC finding him guilty of serious professional misconduct after it concluded he had abused his position by accusing a mother of drugging and murdering her son. The consultant was instructed as an expert witness and interviewed the mother in the presence of a social worker. The mother claimed Dr Southall accused her of murdering her son, an allegation strongly denied by the consulted who insisted that he had only raised it as one possible scenario to explain her son's death. The social worker backed the Dr Southall's account but the GMC decided to accept the evidence of … [Read more...]
Two sex offenders today win the right to challenge their lifetime inclusion on the sex offender register
Two sex offenders today won the right to challenge their lifetime inclusion on the sex offender register after complaining that it breached their human rights. The ruling in the Supreme Court opens the way for hundreds of other sex offenders placed on the register for life to seek to have their details removed. The offenders, a teenager convicted of rape and Angus Thompson, convicted of indecent assault, argued that the register breached their human rights because there is no right of review even if they could produce evidence that they had reformed. Sex offenders are placed on the register for life if they are given a sentence of 30 months or more in jail. In 2008-9 there were 44,700 people on the register in England and Wales. Two years ago the High Court ruled that indefinite registration with no right of review was “incompatible” with their rights to privacy. The decision, won by the teenager, referred to as JF, and Thompson, 52, was … [Read more...]
My life will never be the same again
A Gower man jailed for attempting to rape a young girl has had his conviction quashed on appeal. Neil Gordon Owen was sentenced to nine years at Swansea Crown Court last October, after also being found guilty by a jury of sexually assaulting a schoolgirl. But his conviction was overturned by the Court of Appeal last month after fresh evidence came to light — and the 33-year-old, of Station Road in Penclawdd, has spoken of his horror at his experience. "It has been a total nightmare," he said. "I have had people looking at me in the street, wondering what I was doing out of jail. Denial "Most of my friends have stood by me, but the whole experience has turned my life upside down." During his original court hearing, Mr Owen had vehemently denied sexually assaulting his alleged victim, and insisted he was not sexually interested in young girls. Defending him, James Jenkins said Mr Owen, who was of previous good character and came from a good family, … [Read more...]
Headmistress wrongly accused of racism by Muslim governors wins £400,000 payout
In a much publicised case a Surrey headteacher who was wrongly accused of racism by Muslim govenors wins £400,000 payout. This is how the Daily Mail carried the story. A headmistress hounded out of her job after being falsely accused of racism by two Muslim governors is entitled to £400,000 damages, the Court of Appeal ruled today. Erica Connor, 57, had run a 'happy and successful' primary school but was driven to a breakdown by the allegations. She left the New Monument primary school in Woking, Surrey, after Paul Martin - a Muslim convert - and Mumtaz Saleem began monopolising meetings with the aim of turning New Monument in Woking into an Islamic faith school. The Surrey town is home to the first purpose-built mosque in the country - the Shah Jahan Mosque - which dates from 1889. A deputy High Court judge ruled in March last year that Surrey County Council had failed in its duty to protect her and to intervene when the actions of the governors created … [Read more...]
A Dundee teacher convicted of assaulting two pupils has won an appeal against his sentence.
A Dundee teacher convicted of assaulting two pupils has won an appeal against his sentence. Michael Barile, 52, was admonished after being found guilty following a trial at Dundee Sheriff Court in 2008. But the sheriff accepted he was subjected to "extreme abuse" by the two pupils he assaulted. Barile failed to overturn his conviction last year, but was allowed to challenge the sentence. He has now been given an absolute discharge. The decision by Lord Kingarth and Lord Mackay of Drumadoon means Barile has escaped punishment for the offence and only needs to declare his conviction in exceptional circumstances. Dismissal claim It also allows him to start a new career working with youngsters at a charity linked to Dundee United Football Club. After the hearing at the Appeal Court in Edinburgh, Barile said: "I am absolutely delighted that common sense has prevailed and I am really pleased for my family who have had to go through a lot." He confirmed he had … [Read more...]
Head Looses Appeal
A Pembrokeshire head teacher convicted of nine counts of sexually assaulting girls in his care has lost an appeal against his conviction. Mrs Justice Swift said the three appeal court judges had "scrutinised with considerable care" but could not grant David Thorley's appeal. Thorley, 57, from Carmarthen, was jailed for two years in July after being convicted at Swansea Crown Court. The prosecution said he had shown "an unhealthy interest in young girls". They said he had used his position of trust to gain access to the children, some of whom were pupils, others the daughters of family friends. Mr Thorley was said to have undressed and touched one 10-year-old pupil while taking her to the toilet during a visit to a hospital accident and emergency unit... ... Mrs Justice Swift outlined the three judges' decision in a ruling which took just under an hour to deliver, dismissing all 11 grounds for appeal. Thorley will now be returned to Usk prison in Monmouthshire … [Read more...]
Kerelaw man hopeful over impending appeal
Largs man Matt George is poised to commence a make-or-break appeal against his imprisonment - and can count on the key support of local parliamentary members when he does so Matt, 60 - who continues to insist he is innocent while on interim liberation - has been assigned eight days in May or June for his appeal and remains hopeful that a verdict of miscarriage of justice could be reached by judges re-examining his case. The former Kerelaw Residential School art teacher was originally set aside four days and believes that the irregular granting of such an extension could represent tentative grounds for optimism as he fights to prove that key evidence was withheld from his original trial. He has also been given support from local MP Katy Clark and MSP Kenneth Gibson, who have both met with the George family and expressed a willingness to aid Matt's appeal bid. Mr Gibson has made requests for evidential documents under the Freedom of Information Act and is set to investigate … [Read more...]
Birmingham man jailed for sexualty assaulting teenage boy has conviction quashed
A dad jailed for 38 years for raping and sexually assaulting a teenage boy has had his conviction quashed in the Court of Appeal. Andrew France, 46, from Sheldon, Birmingham, spent nearly four years behind bars for the crime he had always denied. His conviction was overturned last month when the Court of Appeal ruled that a genetic medical condition he suffers from was not put properly before the jury. Acknowledgement and Source: Sunday Mercury The judges said the crucial evidence would have had a “significant effect upon the course of the trial and the jury verdicts”. Last night Andrew, a former Birmingham City Council housing officer, spoke of the rape case nightmare . He said: ‘‘This has ruined our lives, we lost almost everything. ‘‘We are lucky to still have the roof above our heads.’’ The dad-of-one was actually released from Stafford Prison in 2008, while he awaited a full appeal hearing. Yet until his conviction was quashed he was … [Read more...]
False rape claim prison warning
Women who falsely report rape have been warned by a judge jail is "inevitable". Mr Justice Henriques spoke at London's Court of Appeal as Jennifer Day, 35, from Essex, failed to successfully appeal against a two-year prison term. Day was sentenced in July at Basildon Crown Court after earlier being convicted by a jury of perverting the course of justice. Mr Justice Henriques said: "Allegations such as this drive yet another nail into the conviction rate." He called Day's two-year sentence "well-measured" and said scarce police resources were diverted and innocent victims faced a "terrifying allegation". 'Victim's real plight' "An immediate custodial sentence is inevitable when a false allegation of rape is made," he said. "Every time a defendant stands trial for rape, defence counsel necessarily point out to the jury that false allegations are made." Mr Justice Henriques, who was sitting with Mrs Justice Rafferty, read out the words of the Lord Chief Justice, … [Read more...]
The Guardian says “Now help the other innocent prisoners”
Jack Straw has pardoned Michael Shields, but many other miscarriages of justice need his attention There must be a few hundred prisoners sitting on their bunks in cells at home and abroad today scratching their chins and thinking, "Blimey, I wonder if my mum and dad had a quick chat with that Jack Straw and explained exactly how I had been wrongfully convicted, would I be given a free pardon?" The decision by the justice secretary to pardon and release Michael Shields, the Liverpool football fan convicted of attempted murder in Bulgaria in 2005, raises a number of tantalising questions. Shields was jailed for 15 years, cut to 10 on appeal, for the attempted murder of a Bulgarian, Martin Georgiev, in 2005 and had been returned to the UK in 2006 to serve the remainder of his sentence. Straw met Shields's family at Blackburn town hall last month and was apparently so convinced by what they told him that he made his precedent-setting decision today. "This is an … [Read more...]
Court of Appeal ruling on what is reasonable punishment for children (update)
Family Law Newswatch provided by Jordan's solicitors have provided an update on the Court of Appeal ruling on what is reasonable punishment for children see here CARE: Re MA (Care: Threshold) [2009] EWCA Civ 853 (Court of Appeal; Ward, Wilson and Hallett LJJ; 31 July 2009) The parents both came from Pakistan. They arrived in England, claiming asylum on the basis that both of them were homosexual, and were liable to persecution in Pakistan. Their claim was rejected. During the claim the mother gave birth to the couple's first child, and subsequently gave birth to a second child. At some stage a girl, aged 4 or 5, who may have been the father's niece, came to live with the family. Her presence in the family was concealed from the authorities for at least 6 months. When the father was unable to enrol the girl in a local school, he approached the authorities to obtain identity documentation. The immigration officer alerted the police, and the father was arrested on suspicion … [Read more...]
Appeal Court rules on child discipline – difference between harm and significant harm
Judges in the case of a girl who was kicked and slapped by her parents have drawn a line at which disciplining children becomes physical abuse. The couple's three children had been placed with foster parents and care proceedings begun by Swansea council. A High Court judge in Cardiff earlier dismissed the care proceedings. The Appeal Court has upheld that ruling and the children will be going home. Swansea council said it had to examine the judgement fully before commenting. The hearing related to two homosexual parents, a "wealthy well-educated" father and his wife trapped in a loveless marriage. They have conceived three natural children - all still very young - despite only ever having had sex on a single occasion, and thereafter used artificial insemination. They said their marriage was merely "a product of cultural and family expectations," the Civil Appeal Court in London heard. It could equally amount, in fact, to no more than a handful of … [Read more...]
Convicted primary school head to appeal
BBC Wales have reported that a primary school head teacher convicted of nine counts of sexually assaulting children in his care has been jailed for two years at Swansea Crown Court but will appeal. A primary school head teacher convicted of nine counts of sexually assaulting children in his care has been jailed for two years at Swansea Crown Court. David Thorley, 56, from Carmarthen, was convicted by a jury in May of nine charges and cleared of a further 10. He was told he would serve half the sentence in custody and be released on licence. His family said they would prove his innocence on appeal. The prosecution said he had an unhealthy interest in young girls. During the trial it claimed he had used his position of trust at the school he ran in Pembrokeshire to assault them. Judge Michael Burr said the jury had found that Thorley had been satisfying his own sexual desires when he applied medicinal cream to the bodies of young pupils. He said even a single such … [Read more...]
Convicted headteacher to appeal
A primary school head teacher convicted of nine counts of sexually assaulting children in his care is to appeal against his conviction. David Thorley, 56, from Carmarthen, was convicted last month and is due to be sentenced on 3 July. (more BBC) … [Read more...]
Court quashes murder conviction
BBC have reported that a man who spent 8 years in prison for murder has won an appeal against his conviction. The man was represented by Mark Newby. Court quashes murder conviction Mr Lawless said he felt "strange" being out of prison after eight years A man who has spent eight years in prison for murder has won an appeal against his conviction. Ian Lawless, 47, was jailed for life in 2002 after confessing to the murder of retired sea captain Alf Wilkins on the Yarborough estate in Grimsby. Judges at the Court of Appeal ruled that his conviction was unsafe after hearing fresh medical evidence about his mental condition at the time. Mr Lawless said he felt "ecstatic" after he was released. He emerged to freedom at the Royal Courts of Justice, supported by members of his family and legal team. He said he also felt "strange" being out of prison after so long. Standing outside the court with his daughter Laura Jayne, he said: "I should … [Read more...]
Wrongfully convicted engineer cleared by Court of Appeal eight years after conviction
An engineer who said his career was derailed by a wrongful conviction for fraud eight years ago was cleared by the court of appeal yesterday. The case of 36-year-old Patrick Zengeya had been referred back by the Criminal Cases Review Commission as a potential miscarriage of justice. The court of appeal ruled that the failure to disclose relevant material during the case had undermined the safety of the original verdict. Full story: Guardian … [Read more...]
Court of Appeal widens rights to equal pay compensation
Workers who are employed under an unbroken succession of contracts can now claim equal pay compensation for that string of contracts and not just the latest one, the Court of Appeal has ruled. Those claims could previously only be made in relation to a series of short contracts with breaks in between them. The Court has said that where people's contracts are amended or changed slightly there is not a definitive break in their employment history and any equal pay grievances can be brought in relation to all of the contracts and not the most recent one. A ruling from the European Court of Justice (ECJ) in a previous case created a situation of 'stable employment', where people on a series of short term contracts could make claims in relation to that string of contracts and not just the most recent one. That ruling had suggested, though, that that right only existed in situations like the one on which the ECJ ruled, where there were short breaks between contracts. The Court … [Read more...]
Two former soldiers jailed for sex abuse have had their convictions quashed
Two former soldiers jailed for a range of sexual abuse against children have had their convictions quashed. Dermot James Wade, 49, and his cousin, Dennis McCalmont Jnr, 46, were convicted in 2004 of 29 offences against boys and girls in the 1970s. The pair, from near Ballymoney, were released on bail, pending a decision on whether to order a retrial. The appeal centred on a since-abolished law that a child under 14 could not be held responsible for a crime. Although the age of criminal responsibility was lowered in 1998, lawyers for McCalmont - who was 13 at the time of some of the abuse - pointed out that this did not work retrospectively. Issues around the delay in bringing a case against the pair were also raised. Defence lawyers also called an expert on human memory to give evidence on the general ability to recall childhood experiences. Professor Martin Conway, head of the Institute of Psychology at the University of Leeds, told the court research suggests … [Read more...]
Scottish man victim of miscarriage of justice after mathematical error
A Lothian man in prison for murdering his partner with chloroform has been freed after judges ruled he was the victim of a miscarriage of justice. Craig McCreight, from Broxburn, was said to be the victim of "bad science" at his original trial in 2002, the Court of Criminal Appeal in Edinburgh heard on Wednesday. Mr McCreight, 37, who as found guilty of murdering mother-of-three Yvonne Davidson in 2002 had been serving life with a minimum of 18 years in jail. But Lord Nimmo Smith, sitting with Lord Clarke and Lord Hardie, ruled his conviction must be quashed. The three appeal judges also held on a majority decision that they would refuse a Crown motion to grant authority for a fresh prosecution against Mr McCreight. Lord Nimmo Smith told Mr McCreight: "The consequence is that so far as the court is concerned the appellant is free to go." The senior appeal judge said they were "entirely satisfied" that new evidence produced was of such significance that it was reasonable to … [Read more...]
Man released after 27 years in prison for a murder he did not commit
A man who spent 27 years in jail for a murder he did not commit said he was "ecstatic" as he walked free from the Court of Appeal. Sean Hodgson, now 57, saw his "unsafe" conviction for killing Teresa De Simone, 22, in her car in Southampton 30 years ago quashed by senior judges. Tests prove DNA from the scene was not his and police have reopened the case. Speaking outside court Mr Hodgson said it was "great to be free" while his brother said his release was a "dream". "On behalf of my brother, I would like to thank the solicitor a million, million times," Peter Hodgson said. Other press coverage on this story: Daily Telegraph: Sean Hodgson latest in long line of miscarriages of justice Daily Telegraph: Sean Hodgson timeline Daily Telegraph Disgraceful' error kept innocent Sean Hodgson suffering for an extra 11 years Scotsman: Sean Hodgson murder conviction quashed after 27 years Guardian: Prisoner Sean Hodgson has murder conviction quashed after 27 … [Read more...]
Man wrongly convicted of two murders – police withheld evidence [USA]
Locked behind iron prison bars on death row for 4,887 days, Glen "Ed" Chapman knew he was innocent, but no one would listen. Chapman lost 14 years of his life in a jail cell for two murders he was wrongly convicted of. Monday night, the Elon University Innocence Project brought Chapman to speak at the Elon University Law School about his ordeal. Chapman was convicted in 1994 of the murders of Betty Jean Ramseur and Tenene Yvette Conley in Hickory, N.C. When the sentence was read, "a cold chill ran down my body," Chapman said. "I thought, somebody help me, somebody help me, but there was nobody there," he said. "I just wanted to throw in the towel." When Chapman thought there was nothing left for him, he said he received support from his fellow inmates who encouraged him to keep fighting. He started studying his case and sent approximately 5,000 letters while in jail. "You’ve got to have something to occupy your mind," Chapman said. In November 2007, … [Read more...]
Merseyside Police finally admit to existence of notes in Gilfoyle case
The police yesterday launched a review into the conviction of Eddie Gilfoyle for the murder of his pregnant wife following the publication by The Times of new evidence that could help to clear him after 17 years in prison. Merseyside Police said that it had called in the Crown Prosecution Service with a view to referring Gilfoyle’s conviction to the official body that investigates miscarriages of justice. Yesterday The Times disclosed that it had discovered long-lost notes of police interviews which suggest that Gilfoyle was at work at the time that his 32-year-old wife Paula died. The notes reveal a series of blunders by police at the scene, including the destruction of evidence. INTERVIEW: I didn't do it, end of story Suicide letter genuine, experts say Wife's family maintain husband killed her In FULL: the missing document Gilfoyle told The Times that he would rather forgo the possibility of parole than admit his guilt. “I’ve told them year after year I’m … [Read more...]
