Michael O'Brien: Wrongly jailed man loses appeal for prison stay refund
An MoJ spokesperson said the deductions were "no longer taken" from victims of miscarriages of justice, but said the change "does not apply retrospectively".
Mr O'Brien, 57, described the ruling as a "blow", saying he had hoped to have a hearing in front of judges."Unfortunately that's not the case, and at the moment we cannot take it further because if we do they'll charge us for all the costs," he said, estimating that could cost "over £100,000".He added that he was "very angry" when he heard the news.Mr O'Brien brought the claim alongside Paul Blackburn, who spent 24 years in prison for a 1978 child murder in north-west England that he did not commit.Mr O'Brien received £692,900 in compensation in 2002, three years after his release, and Mr Blackburn was awarded £1,370,500 in 2011.Mr Blackburn had around £100,000 deducted for saved living expenses.In August 2023, Alex Chalk, then Conservative Justice Secretary, scrapped the policy of taking bed and board deductions from all future payouts.It followed the high-profile case of Andrew Malkinson who was wrongfully imprisoned for 17 years for rape. Mr O'Brien and Mr Blackburn applied for further compensation following the rule changes, but last year the new Labour government said those who had previously received payouts could not claim back the deductions retrospectively.In this week's ruling, Mr Justice Ritchie refused to allow the case to progress, although the pair have a week to appeal.He found the claimants had not been discriminated against and that "the applications were dealt with and completed long before the time the policy changed".
Andrew Taylor, a Cardiff-based barrister, described the ruling as "unfair", comparing the case to the fight for justice by former postmasters caught up in the much-publicised Horizon scandal. He said creating "as much publicity as possible", like those involved in the Horizon scandal, could be an effective next step for Mr O'Brien."He's been a tireless campaigner since his release, and I don't think that this is necessarily the end of the matter," he added."If you have been convicted of a murder that you didn't commit, nobody recovers," he said, adding that the decision was "another kick in the teeth" for Mr O'Brien.Mr O'Brien said his options now were to try to get the law changed or take his campaign "onto the streets", adding that he would be lobbying MPs.He also said his fight for justice had impacted his health, adding that he had post-traumatic stress disorder (PTSD), comparing it to soldiers who had served in Iraq."That gives you an idea of the damage they've done to me and many other victims of miscarriages of justices," he added.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
The Independent
21 minutes ago
- The Independent
Christopher Biggins defends Gregg Wallace by making bizarre claim
Christopher Biggins, 76, has defended sacked MasterChef host Gregg Wallace by stating he used to "grab women by the t***ies," claiming it was considered "affection" 25 years ago. Biggins, who is gay, joked that such actions would now lead to imprisonment, suggesting that people are "terrified" and comedians face a tough job. Refuge ambassador and former Love Island star Sharon Gaffka criticised Biggins' comments, stating: 'Touching someone without their consent, regardless of the context, is never funny'. Gregg Wallace's position on MasterChef became "untenable" after an investigation upheld 45 of 83 allegations against him, including inappropriate sexual language and unwelcome physical contact. John Torode, Wallace's co-presenter, was also sacked after a complaint against him involving an "extremely offensive racist term" was upheld.
BBC News
21 minutes ago
- BBC News
cx277n6x50zo (GIF Image, 1 × 1 pixels)
Marc Waddington BBC News, Liverpool Eastwood Family Alex Eastwood died taking part in a kickboxing match in Wigan The parents of a teenage kickboxer who died from a head injury have met Culture, Media and Sport Secretary Lisa Nandy to discuss how to prevent similar deaths. Ste and Nikita Eastwood's son Alex was 15 when he died on 2 July 2024 after an exhibition match at Platt Bridge in Wigan. Nandy, who is also the MP for Wigan, met the couple at their Liverpool home and said she would be "exploring ways to urgently improve the safety and welfare of children in martial arts". An inquest into Alex's death found there was no minimum standard of medical aid at such events or proper risk assessments done. The coroner who investigated took the unusual step of issuing a Prevention of Future Deaths (PFD) report before the full inquest had taken place. It stated unofficial or unsanctioned matches had no guideline of what minimum standards had to be met. Leigh Day Alex Eastwood's parents Nikita and Ste met Lisa Nandy to discuss safety improvements in children's martial arts Mr Eastwood said: "We were very encouraged by the constructive meeting with Lisa Nandy. She told us she is considering a range of options to tackle the issues we described to her. He said the couple was looking forward to working with her in the future. Speaking after a debate in Parliament prompted by the Eastwoods' MP Dan Carden, Mrs Eastwood said: "As a family we are determined to see these gaps eradicated so that no other kickboxer faces the risks that Alex did on the day he suffered his fatal injury." Related internet links Department for Culture, Media and Sport
The Guardian
21 minutes ago
- The Guardian
Campaigners criticise UK plans to reveal suspects' ethnicity and migration status
Anti-racism campaigners have criticised proposals to allow police to reveal the ethnicity and migration status of suspects, after a row triggered by claims police 'covered up' the backgrounds of two men charged in connection to the alleged rape of a child. The home secretary, Yvette Cooper, this week told the BBC she hoped the Law Commission would 'accelerate' a review of contempt of court and that 'guidance needs to change' about information released when a trial is pending. But the anti-racism group the Runnymede Trust – which this month claimed 'hostile language' from politicians and the media towards immigration was fuelling 'reactionary politics' – says the proposals risk framing violence against women and girls as an issue of ethnicity instead of misogyny. The Joint Council for the Welfare of Immigrants (JCWI) said the proposals would 'undermine' justice. The debate was reignited after George Finch, the Reform UK leader of Warwickshire county council, accused police of a 'cover-up' over the migration status of two suspects charged after the alleged rape of the child, claiming they were asylum seekers. The force strongly denies a cover-up, saying it merely acted in line with national guidance. The details of suspects before trials are routinely limited to ensure the fairness and legal safety of proceedings. But Downing Street has called for 'transparency' to rebuild public trust after false rumours spread after 2024's Southport murders. However, campaigners warn that politicians and media are emboldening the far right by linking migration to crime. This month, the Runnymede Trust released a report that – after analysing more than 63m words from 52,990 news articles and 317 House of Commons debates on immigration between 2019 and July 2024 – found the word most strongly associated with migrants was 'illegal'. After Cooper's remarks that 'more information should be provided … including on some of those asylum issues', Dr Shabna Begum, the chief executive of the Runnymede Trust, said: 'These proposals do nothing to address the urgent issues of male sexual violence, divert attention away from women and girls and fixate on nationality and asylum status – as part of an increasingly aggressive far-right agenda. 'Instead of recycling age-old tropes about men of colour as inherently threatening to white British women, we should be centring victims and survivors of all backgrounds. 'We all deserve better than this pantomime politics that offers us easy villains but deals with none of the wider conditions where misogyny has increased.' Runnymede's recent report said there were 'many' examples of media 'stories about distressing crimes that emphasise the immigration status of the perpetrator', claiming they were used to frame asylum seekers as a potential threat to women and 'the British way of life'. The report also cited comments made by the former home secretary Suella Braverman, in the context of 2023's illegal migration bill, which linked people arriving on boats to 'heightened levels of criminality' and Robert Jenrick's X post this year that spoke of 'importing hundreds of thousands of people from alien cultures, who possess medieval attitudes towards women'. Runnymede's report said the 'long-term effects' of such claims would be to 'normalise' violence against women and girls by making it seem as if it is 'determined by ethnicity rather than the perpetuation of misogynist practices in society'. Cooper described the release of information about suspects as 'an operational decision for the police and Crown Prosecution Service on an individual case' to the BBC, stressing ministers had to take care to avoid legal prejudice. But Griff Ferris, the interim director of communications at JCWI, said prior release of ethnicity and migration status would 'undermine what's left of justice in this country' and make all communities 'less safe'. He added: 'This deeply irresponsible and dangerous proposal is guaranteed to fuel racist narratives and further embolden the far right. 'Policies like this send a chilling message: that some people are inherently more 'suspect'.' A Home Office spokesperson said: 'The home secretary has made clear that there is a strong public interest in maximum transparency wherever that is possible. 'That is why the Home Office and College of Policing are working together to strengthen and clarify the guidance around how and when information is released.' Ahmad Mulakhil has been charged with rape and Mohammad Kabir has been charged with kidnap and strangulation after an alleged attack on a 12-year-old girl in Nuneaton in July.
